DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 6995-20 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 was 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 10 August 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 Commander, Naval Service Training Command memorandum 5800 Ser N00/829 of 13 November 2020 and your response to the opinion. On 21 July 2011, NROTC Unit University Instruction 1533.6 (1533.6) was published with the following: “NROTC midshipmen shall familiarize themselves with enclosure (1) [Midshipman Regulations] and follow all regulations. Personnel assigned action shall carry out their duties as assigned.” On 19 August 2019, you responded to via email stating “I've been overseas since the end of July. I'm not sure how you like me to make it up now, but I'm willing to come in as soon as I arrive back in America.” On 27 August 2019, , wrote you via email to inform you that NSTC has disapproved your request to study abroad for this semester. You and your family will be financially responsible to pay the tuition. Your inability to consistently pass the PRT makes it difficult for them to approve such request. On 29 August 2019, Commanding Officer, Naval Reserve Officers Training Corps Unit, University, notified you that a Performance Review Board (PRB) will be convened at 1130, 20 September 2019 in the , NROTC Unit, Wardroom to investigate and make recommendations on your Physical Readiness and failure to retake the Physical Readiness Test (PRT) before fall 2019 semester. You were informed of your rights with regard to these proceedings. You stated that you would not be appearing before the Board and you would submit a written statement. On 16 September 2019, you responded to via email inquiring about the zoom meeting. You asked if you could attend even though you signed paperwork that you would be giving up your right to attend since you did not know that there would be a zoom meeting. replied that it is your choice to attend and to let her know if you planned to attend. On 26 September 2019, Senior Member (Naval Reserve Officers Training Corps Unit) notified you that a PRB was held on 20 September 2019. The PRB recommended leave of absence (LOA). You did not wish to submit a written statement in regards to the PRB recommendation. On 31 October 2019, Captain notified you via email that despite the PRB recommendation, he had decided to recommend you for disenrollment. The process will likely take a few months until the final decision from the Secretary of the Navy's office is determined. If the answer is disenrollment, he encouraged you to pursue OCS if you still desire to serve in the U.S. Navy. He intended to write his recommendation to leave that door open to you if you achieve and maintain Navy physical fitness standards. On 18 November 2019, you signed a Naval Reserve Officers Training Corps Student Disenrollment Report (NSTC 1533/122). You were recommended for disenrollment due to Physical (Not meeting physical standards (overweight, failing PRT)) and Recoupment. You further made the following statement: “I respectfully request to defer involuntary active enlisted service should that be directive received. As of the time of this statement. I am a mere year and a half away from completing my degree, after which point I would go through Officer Candidate School, or voluntarily enlist. If I were assigned to involuntary active enlisted service, I would lose the credits that I had earned over the course of two and a half years to serve which I would do of my own volition. If directed toward reimbursement, I respectfully request waived reimbursement I am a child in a family consisting of a single parent, who has recently gone through a bitter divorce. Financially, I am in no position to pay back the amount owed. lf directed towards reimbursement, I would have to drop out of university to enlist in order to pay back the debt owed.” On 10 June 2020, Commander, Naval Service Training Command notified Secretary of the Navy that you were recommended for disenrollment from the Naval Reserve Officers Training Corps (NROTC) Unit, University, for Physical Readiness reasons. Specifically, your consistent failures to maintain the minimum requirements to pass your Physical Fitness Assessments within a three-year reporting period. Furthermore, he recommended termination of your appointment as a Midshipman, United States Navy Reserve. If approved, termination of appointment will be effective immediately. Moreover, you were not a prior enlisted member or obligated to any known previous contracts. Therefore, …, recoupment of scholarship funds in the amount of $83,293.50 is recommended in lieu of active enlisted service. Should you enlist or commission in active duty service at a later date, you may contact this command on procedures to have your debt deferred/terminated at that time. Finally, Deputy ASN (MMP) approved the request on 5 August 2020. On 13 November 2020, Commander, Naval Service Training Command notified BCNR that it recommended denial of your request. You contest your ordered recoupment on the grounds that you were misled about the impact of taking a trip abroad to Australia on your ability to remain enrolled in the NROTC program. You further argue that you did not have the proper notice or ability to defend yourself at your Performance Review Board (PRB) while you was abroad. Your argument raises the question of why you did not communicate more with the NROTC following your first PFA failure, during which time you were out of Body Composition Analysis (BCA) standards. You were responsible for your own career, and your decision to go abroad following a failed PFA without talking to your program leadership carried a risk of a requirement not being met. The responsibility was incumbent upon you to make sure that you were in compliance with your program. There was no duty for the Navy to inquire into how you planned on participating in your next required PFA. Additionally, you could have inquired in August or early September about potential platforms of communication prior to waiving your appearance. Overall, you showed a repeated lack of judgement and ownership of your responsibilities as a Midshipman. On 12 December 2020, you submitted a rebuttal letter. It stated that you were allowed to go by your ROTC unit knowing full well you were not in compliance with your fitness standards. The Navy did notify you that you would have to be in compliance before departing but chose to send such notice to you 1 month after your arrival in Australia. Finally, you passed your PFA upon your return from Australia on 4 Dec 2019. Furthermore, 4 days to prepare for a possibly career ending and life altering PRB is simply unjust and fundamentally unfair. The Navy certainly had more than 4 days to prepare their case. You were placed at a distinct and profoundly unfair position for be required to respond via Zoom with only 4 days' notice. Finally, it was the Navy, who after being fully apprised and informed of your travel plans and fitness status allowed you to go to Australia. You immediately took and passed your PFA upon your return to the states after Thanksgiving. You requested the Board for the Correction of Naval Records (BCNR) overturn and set aside the Naval ROTC decision to dis-enroll you from the University Naval ROTC (NROTC) program based on your failure to take a Physical Readiness Test (PRT) prior to your departure for Australia where you spent the fall in an academic program. You requested the complete waiver of your scholarship recoupment based on a failure to notify you of the need to accomplish the PRT as well as your denial of a proper means to defend yourself at the Personnel Review Board which recommended a Leave of Absence; 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 1533.6, it was your responsibility to comply with the regulations of your program. You provided no evidence that you asked your leadership about what steps were necessary to remedy your fitness status. The Board also concluded that you did elect to submit a statement on your behalf for the PRB to consider, and that because you had already indicated that you would not personally attend, you were fortunate to have the opportunity to attend virtually. Finally, the Board concluded that you still have the option to satisfy your debt to the government through enlisted or commissioned active duty service. 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, 8/10/2021 Deputy Director