Docket No. 7232-20
Ref: Signature Date

 From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:  REVIEW OF NAVAL RECORD ICO ,  
            
 Ref:   (a) Title 10 U.S.C. §1552 
       (b) COMNAVCRUITCOM msg 142049Z Mar 11 
       (c) COMNAVCRUITCOMINST 1130.8 (series) 
 
Encl:  (1) DD Form 149 w/attachments 
       (2) CNRC memo 1133 Ser N35 of 3 Dec 20 
       (3) Subject’s naval record 
 
1.  Pursuant to the provisions of reference (a) Subject, hereinafter referred to as Petitioner, filed enclosure (1) with the Board for Correction of Naval Records (Board), requesting his naval record be corrected to establish entitlement to the Loan Repayment Program (LRP). 
 
2.  The Board, consisting of ,  and , reviewed Petitioner’s allegations of error and injustice on 27 July 2021 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record.  Documentary material considered by the Board consisted of the enclosures, relevant portions of Petitioner’s naval record, and applicable statutes, regulations and policies. 
 
3.  The Board, having reviewed all the facts of record pertaining to Petitioner's allegations of error and injustice, found that, before applying to this Board, he exhausted all administrative remedies available under existing law and regulations within the Department of the Navy.  The Board made the following findings: 
 
     a.  In accordance with reference (b), all active duty ratings and programs entering the delay entry program during fiscal year (FY) 2011 and accessing in FY 2011 and FY 2012 are eligible for LRP. 
 
     b.  Reference (c), specifies the Service will pay the lesser of the original loan amount or the unpaid balance at the time of accession (not to exceed $65,000).  The Service cannot pay accrued interest, fines, penalties, or processing fees.  Additionally, loan payments will be made directly to lender(s) and the Service will not refund any amount of the loan paid by other parties.  Moreover, the loan must not be in default and must remain in good standing while on active duty.  It is the member’s responsibility to coordinate with loan holder(s) regarding forbearance and deferment matters. 
 
     c.  On 24 June 2011, Petitioner enlisted in the Naval Reserve for a term of 8 years of which 4 years is considered an Active Duty obligation.  NAVCRUIT 1133/52, Enlistment Guarantees – Annex “A” listed Utilitiesman (UT 5YO) Class “A” School Guarantee and Loan Repayment Program (LRP).  Active Duty Service Date:  6 February 2012. 
 
     d.  On 3 February 2012, Petitioner was issued NAVCRUIT 1133/52, Enlistment Guarantees – Annex “B” listing Utilitiesman (UT 5YO) Class “A” School Guarantee; however, LRP was removed. 
 
     e.  Petitioner’s Active Duty Service Date is 6 February 2012. 
 
     f.  In correspondence attached as enclosure (2), the office having cognizance over the subject matter addressed in Petitioner’s application has commented to the effect that the request has merit and warrants favorable action. 
 
CONCLUSION  
 
Upon review and consideration of all the evidence of record, and especially in light of the contents of enclosure (2), the Board finds the existence of an injustice warranting the following corrective action.  Petitioner met the basic eligibility criteria for LRP in accordance with reference (b).  However, because LRP was not annotated on Petitioner’s Annex “B”, he was deemed ineligible to receive the entitlement.  The Board felt Annex “B” was issued in error because Petitioner was not reclassified; therefore, under these circumstances, relief is warranted. 
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
Petitioner’s NAVCRUIT 1133/52, Enlistment Guarantees - Annex “B” is null and void. 
 
Petitioner completed and submitted all required Loan Repayment Program documents to cognizant authorities in a timely manner.  Note:  Petitioner must contact the Navy Recruiting Command LRP Program Manager at cnrfc_lrp-eb@navy.mil or (901) 874-7659, to complete the process. 
 
A copy of this Report of Proceedings will be filed in Petitioner’s naval record. 
 
4.  It is certified that a quorum was present at the Board’s review and deliberations, and that the foregoing is a true and complete record of the Board’s proceedings in the above-entitled matter. 
 
5.  Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulations, Section 723.6(e)), and having assured compliance with its provisions, it is hereby announced that the foregoing corrective action, taken under the authority of the reference, has been approved by the Board on behalf of the Secretary of the Navy. 


8/17/21


Deputy Director