DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490


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 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 naval record and applicable statutes, regulations, and policies.  In addition, the Board considered the advisory opinion contained in Navy Recruiting Command letter 1133 Ser N35 of 3 March 2021; a copy of which was previously provided to you for comment. 
   
You requested to adjust the end date of your Loan Repayment Program (LRP) obligated service to 16 April 2009 to rate Post-9/11 GI Bill benefits at 100%.  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 in accordance with Commander Navy Recruiting Command Instruction 1130.8 (series), you were required to complete a 3-years active duty service obligation for the repayment of the LRP and the obligation is not prorated based on the amount of loan payments made.  Additionally, Department of Defense Directive-Type Memorandum 09-003 indicates 70% is the maximum percentage of benefits payable for service members that complete at least 18-months but less than 24-months of qualifying active duty.  A review of your record indicates you completed 2-years, 10-months and 12-days of active duty service before transferring to the Navy Reserve effective 1 November 2010; service obligation for LRP.  While a member of the Selected Reserve from 1 November 2010 through 1 March 2020, you completed 1-year, 10-months, and 23-days of qualifying active duty service for Post-9/11 GI Bill education benefits, thereby rendering you ineligible for 100% of education benefits payable.  In this connection, the Board substantially concurred with the comments contained in the advisory opinion.  

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, 
9/16/2021
Deputy Director