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

Docket No: 3677-18
 
Dear  
 
This is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552.  After careful and conscientious consideration of the entire record, 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. 
 
Although your client’s application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your client’s case on its merits.  A three-member panel of the Board, sitting in executive session, considered your client’s application on 2 August 2019.  The names and votes of the members of the panel will be furnished upon request.  Your client’s 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 client’s application, together with all material submitted in support thereof, relevant portions of your client’s naval record and applicable statutes, regulations and policies.  In addition, the Board considered the 5 November 2018 advisory opinion (AO) furnished by the Naval Service Training Command (NSTC), which was previously provided to you.  Although you were afforded an opportunity to submit a response, you did not do so. 
 
You request a waiver of recoupment of the Navy Reserve Officer Training Corps (NROTC) scholarship funds expended on your behalf.  The Board carefully considered your request, but concluded that there was no error or injustice in your disenrollment from the NROTC program and the resulting recoupment.   
 
While a midshipman, you were charged with driving under the influence (reduced to careless driving) and with shoplifting (expunged following a diversion program).  You did not disclose this misconduct to your command.  The Assistant Secretary of the Navy for Manpower and Reserve Affairs approved your disenrollment and the recoupment of the scholarship funds expended on your behalf.  The Board noted that NSTC Manual 1533.2 provides that it is at the Secretary of the Navy’s discretion to authorize midshipmen who are disenrolled for disciplinary reasons to either serve a minimum of two years of active enlisted service (AES) or repay educational costs expended on their behalf.  In your case, per your preference, recoupment of the NROTC scholarship funds was directed in lieu of AES.  The Board substantially concurred with the comments contained in the AO and concluded that recoupment in your case does not constitute a probable material error or injustice warranting corrective action.  In this regard, the Board noted that you provided little or no evidence or argument to support your contention that recoupment is unjust. 
 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will 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. 
 
It is regretted that the circumstances of your case are such that favorable action cannot be taken.  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.