Docket No. 1567-20 Ref: Signature Date Dear : This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code. After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted insufficient to establish the existence of probable material error or injustice. Consequently, your application has been denied. A three-member panel of the Board, sitting in executive session, considered your application on 18 May 2021. The names and votes of the members of the panel will be furnished upon request. Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, relevant portions of your naval record and applicable statutes, regulations and policies. In addition, the Board considered the advisory opinions contained in Naval Service Training Command letter 5800 Ser N02/283 of 1 May 2020, Board for Correction of Naval Records letter Docket No: NR20200001567 of 7 May 2021 and your responses to the opinions. In August 2012, you joined NROTC as College Program Basic Student. On 21 June 2013, you were selected for a 2-year NSTC-controlled scholarship. On 16 August 2013, you were medically disqualified (M-DQ) and not recommended for medical waiver due to attention deficit disorder and history of episode with psychotic features. On 9 July 2014, you were granted medical qualification waiver; ordered you to report any change in your medical status. On 20 April 2015, you were medically disqualified (M-DQ) and not recommended for medical waiver due to exogenous thyrotoxicosis, tachycardia, and hyperglycemia. On 21 April 2015, you were placed on six-month Medical Leave of Absence (MLOA); NROTC entered M-LOA status into OPMIS. On 7 October 2015, you chose a 6-month MLOA extension over the offer to have your medical status adjudicated using existing medical documents. On 3 January 2016, you graduated from ND with a Psychology degree. On 2 August 2016, you were medically disqualified (M-DQ) and not recommended for medical waiver due to history of exogenous thyrotoxicosis, sinus arrhythmia, remote history of attention deficit disorder, and dissociative episode without underlying mental health pathology. On 4 May 2017, you were medically disqualified (M-DQ) and not recommended for medical waiver (superseded 2 August 2016 M-DQ Letter) due to her recent history of abnormal thyroid laboratory testing, self-reported mental health symptoms, history of exogenous thyrotoxicosis, and attention deficit disorder treated past the 14th birthday. On 26 June 2017, your CO appointed Performance Review Board (PRB). On 19 July 2017, a Performance Review Board (PRB) convened. Board recommended by a vote of 3 to 0, that you remain on Leave of Absence and be dis-enrolled from the NROTC Program with a recoupment of all scholarship monies. On 1 December 2017, you signed a NSTC 1533/124 (Appointment termination disenrollment authorization) effective 20 November 2017 for disciplinary reason. Furthermore, you were to be dis-enrolled from the NROTC program and discharged from the naval service. Moreover, the Secretary of the Navy had directed that your reimburse for educational assistance received as per your NRTOC scholarship service agreement. On 11 December 2017, you signed a NAVPERS 1070/613 (Administrative remarks) acknowledging indebtedness to the U.S. Government for advanced educational assistance in the amount of $69,664.50 received in the form of NROTC scholarship benefits. On 29 August 2018, the U.S. Department of the Treasury notified you that the debt you owed was $91,039.00. You requested set aside of the tuition scholarship recoupment action as there was a medical basis for the actions and inaction which led to the disenrollment action; the Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, to include your assertions. However, the Board concluded that you had a pre-existing medical condition (ADHD requiring medication) prior to your acceptance into the NROTC scholarship program that worsened after you stopped taking the medication. When you appealed your initial medical disqualification, you presented a letter from a medical provider stating that you had stopped taking Vyvanse in 2011 but continued to take it until August-September 2013. It was after stopping your medication that your pre-existing condition started to worsen and other medical issues became evident. During your final PRB, it is noted that you offered reasons and explanations for why requirements were late or incomplete that were separate of your mental health or medical conditions: You did not disclose restarting your ADHD medication in 2017 because you knew disclosing that would cost you your naval career. You admitted to lying to your unit about having an academic skills disorder or ADHD. You did not trust civilian doctors to be professional in their dealings with your command, so you refused to sign a release to allow BUMED to contact your doctors directly. You stated that you had a personal history of dropping the ball in all aspects of your life. The Board concluded that your pre-existing ADHD continued to manifest and that you developed additional medical and mental health conditions which negatively affected your academic, professional, and personal functioning. However, those conditions do not fully account for, or fully mitigate, your non-compliance with the orders of your Commanding Officer, delayed or incomplete submissions of required administrative or medical documentation, or timely disclosure of developing medical and mental health conditions as illustrated by your statements before the Performance Review Board. In this connection, the Board substantially concurred with the comments contained in the advisory opinions. The Board determined that your personal appearance, with or without counsel, would not materially add to their understanding of the issues involved. Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. You are entitled to have the Board reconsider its decision upon submission of new matters, which will require you to complete and submit a new DD Form 149. New matters are those not previously presented to or considered by the Board. In this regard, it is important to keep in mind that a presumption of regularity attaches to all official records. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice. Sincerely, 6/28/2021 Deputy Director