DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 2269-20 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 27 April 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 opinion contained in Chief, Bureau of Medicine and Surgery letter 5400 Ser M1/20UM10044 of 29 June 2020; a copy of which was previously provided to you for comment. On 5 January 2012, you signed an Armed Forces Health Professions Scholarship Program (AFHPSP) Medical Students, Dental Students, and Medical Service Corps Students (1975X, 1985, and 1995X) Service Agreement. Furthermore, you agreed and understood that you will incur an 8-year service obligation for any participation in the program. That in return for 4 years of scholarship in the AFHPSP, you shall serve 4 years on extended active duty and serve 4 years in the Individual Ready Reserve (IRR), unless it is served on active duty or in the Selected Reserve. Should you become unable to commence the period of ADSO specified in this service agreement or become unable to complete your education program, you agreed to reimburse the United States for the total cost (lump sum plus interest) of advanced education paid by the US Government specified in 10 U.S.C. 2005. This does not relieve you of any obligation to reimburse the Government should the action initiated by the Government be the result of your own misconduct. The Secretary of the Navy may waive this requirement when he determines that such a waiver is in the best interest of the Government. You further understood that you cannot be relieved of your obligation for participation in this program solely because you are willing and able to refund all payments made to you or on your behalf while a member of the program. Furthermore, you understood that you must complete all requirements for medical licensure at the first available date. On 5 January 2012, you were appointed as an Ensign in the Inactive U.S. Naval Reserve with a designator code of 1975. On 27 May 2015, you were appointed as a Lieutenant in the Active U.S. Navy with a designator code of 2100, and you entered active duty. On 7 March 2017, you informed Chairman, Graduate Medical Education Committee, via Internal Medicine Program Director, Naval Medical Center of your request to voluntarily withdraw from the Internal Medicine Residency Training Program effective 7 March 2017. On 24 May 2017, Commanding Officer, Naval Medical Center letter stated that you acknowledged receipt of their recommendation for administrative separation and you intended to submit a statement. Your statement was reviewed and the recommendation was that you would be separated administratively from the Naval Service and that you be required to repay any debt incurred as a result of your educational training remained unchanged. On 1 August 2017, Commander, Navy Medicine notified Commander, Navy Personnel Command (PERS-834), that you should be administratively separated from the Naval service due to substandard performance of duty. On 28 January 2018, Deputy Chief of Naval Personnel notified Assistant Secretary of the Navy (Manpower and Reserve Affairs) of your administrative separation. It was recommended and approved that you be separated from the naval service with an Honorable characterization of service, separation code BHK (substandard performance). Recoup community managed bonuses as applicable. On 30 April 2018, you were discharged due to substandard performance. On 15 August 2018, Chief, Bureau of Medicine and Surgery notified Director, Defense Finance and Accounting Service that total recoupable expenses was $312,863.18. You requested that your 419 days of service after leaving training status count toward satisfying you service indebtedness, with this finding, you then request correction of your health education debt from $312,863.18 to $223,075.67. 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 in accordance with DoDI 6000.13, no portion of an ADO may be satisfied During any period without possession of a current, valid unrestricted license or approved waiver if a health care provider (HCP). In this connection, the Board substantially concurred with the comments contained in the advisory opinion. 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, 5/27/2021 2