DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 7962-20 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 for Correction of Naval Records, sitting in executive session, considered your application on 3 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 deceased spouse’s naval record and applicable statutes, regulations and policies, to include the advisory opinion (AO) by Commander, Naval Service Training Command (NSTC), letter 5800 Ser N00/084 of 3 February 2021 and your rebuttal statement of 9 March 2021 to the AO. You requested to have your naval record be corrected show recoupment via enlisted active service, waiver of recoupment of the educational debt, and reduction of the educational debt. In accordance with NSTC M-1533.2B of Aug 17: Students who remain on academic probation or on leave of absence (LOA) for more than one term (quarter or semester) must be considered for academic disenrollment; the Professor of Naval Science (PNS) shall recommend the disenrollment of any Naval Reserve Officers Training Corps (NROTC) student whose general academic record and/or specific academic failures make their value as an officer doubtful; and when recommending a student for an academic disenrollment, a statement concerning any probationary or LOA letters previously issued by the PNS is required. The statement need not be submitted as a separate letter, but may be included within the statement of circumstances recorded on the NSTC 1533/122 form in the space designated for PNS's comments or the PNS Summary Letter. The statement need only declare that the student was issued previous letters of academic probation and list the dates of such letters. For example: "MIDN [Name] has been placed on academic probation on two different occasions by correspondence dated 21 January and 15 April 2017." d. The PNS shall include a recommendation regarding active enlistment service (AES) or recoupment, if the student is obligated. On 21 June 2018, Commanding Officer (CO), Naval Reserve Officer Training Corps Unit (NROTCU) at appointed as the senior member of a Performance Review Board (PRB) that considered your performance and status while enrolled at the , as a student. On 27 July 2018, PRB notified the CO, that by a vote of 2 to 1, the board recommended you be placed on interim leave of absence pending disenrollment. By a 3 to 0 vote, the board recommended active enlisted service. On 6 August 2018, CO, NROTCU, notified you he concurred with the recommendation of' the Board to place you on interim leave of absence pending disenrollment with active enlisted service. Furthermore, on 14 August 2018, you acknowledged that you did not wish to submit a written response to the PNS. On 23 October 2018, Commander, NSTC notified the Secretary of the Navy recommending your termination of appointment and recoupment of scholarship funds in the amount of $49,320 in lieu of active enlisted service. Further stating that should you enlist in active duty service at a later date, you may contact NSTC on procedures to have your debt deferred/terminated at that time. In this connection, the Deputy Assistant Secretary of the Navy (Military Personnel Policy) (DASN (MPP)) approved the recommendation on 30 November 2018. 1 Delegation of authority held by the Deputy Assistant Secretary of the Navy (Military Personnel Policy) for the Secretary of the Navy On 13 December 2018, an Appointment Termination Disenrollment Authorization (NSTC 1533/124) from Commander, NSTC notified you that in accordance with the agreement you executed upon entering the NROTC Scholarship Program, you will now be dis-enrolled from the NROTC Program and discharged from the Naval Service, and directed that you reimburse the government for educational assistance received as per your NROTC scholarship service agreement. The reason for disenrollment/termination was academic and it was effective 30 November 2018. Furthermore, on 14 January 2019, CO, NROTCU, CMU notified you that Officials of the educational institution to which this NROTCU is attached have stated that you were continuing scholastic instruction at the institution at other than government expense. On 13 December 2018, a NROTC Disenrollment Authorization (NSTC 1533/123) from Commander, NSTC notified CO, NROTCU, in accordance with NROTC student disenrollment recommendation, NSTC Form 1533/122 of 20 August 2018 with enclosure, the recommendation of the CO for disenrollment from the NROTC program. The CO shall dis-enroll him for academic reasons effective 30 November 2018. Furthermore, the DASN (MPP) approved your discharged from the Naval Service and required you to reimburse the government for the amount of advanced educational assistance received. You signed the statement, "I acknowledge indebtedness to the United States Government for advanced educational assistance in the amount or $49,320.00 received in the form of NROTC scholarship benefits.” On 3 February 2021, Commander, NSTC provided the Board with an advisory opinion, recommending disapproval. You were placed on academic probation for achieving a 1.20 GPA during your spring 2017 semester, and after a Leave of Absence from the NROTC Unit in the fall 2018 for personal reasons, you received a term GPA less than 2.50 during the spring 2018 semester. You were provided ample notice of the consequences for continuous poor academic performance. You were placed on academic warning during your fall 2015 semester and academic probation for your spring 2017 semester. After you failed to improve your grades in the spring 2018 semester, a PRB was properly convened for which you received adequate notice and were present during the proceedings. Moreover, you provided no evidence of your Generalized Anxiety Disorder (GAD) and its connection to your performance during the relevant period. Regarding your claim that you were not fully informed of your right to terminate the debt incurred through enlisted service, nothing precludes you from seeking such enlistment if you are otherwise qualified to serve. The Board in its review of your entire record and application carefully weighed all potentially mitigating factors, to include your assertions. The Board concluded that you were not ordered to active enlisted service at that time because you were not obligated to any enlistment contracts. Therefore, in order for you to enlist, you were required to go through the recruiting process and be found qualified. Furthermore, the Board concluded that you provided no evidence of your General Anxiety Disorder and its connection to your performance during the relevant period. In this connection, the Board substantially concurred with the comments contained in the advisory opinion. On 16 September 2021, the Board received your lawyer’s rebuttal to the advisory opinion, which was dated 9 March 2021. He stated that you were suffering from GAD while participating in the NROTC program, that there is nothing in your records to suggest that your poor academic performance was intentional or was otherwise the product of factors within your control. Furthermore, you had no idea you were suffering from GAD at that time, nor could you actively control this condition without proper medication. You were directed to pay back your debt via monetary recoupment, despite the fact that all three members of the PRB voted in favor of active enlisted service, and your repeated expression of your desire to serve. You were not informed that involuntary active enlisted service was an option and that this option would be much easier rather than separating from service and attempting to enlist on your own. On 20 September 2021, the rebuttal letter was presented to the original Board members for consideration. Their votes remained unchanged. 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, 9/29/2021 Deputy Director