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

Docket No. 1458-19
Ref:   Signature Date 

From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD ICO ETN1   
 
Ref:   (a) Title 10 U.S.C. §1552 
       (b) COMNAVCRUITCOMINST 1130.8J 
 
Encl:   (1) DD Form 149 w/attachments 
        (2) NRC ltr 1133 N35 dtd 15 Apr 20 
        (3) Subject’s naval record 
 
1.  Pursuant to the provisions of reference (a) Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to establish entitlement to the Loan Repayment Program (LRP) and reimbursement of money paid on loan. 
                                              
2.  The Board, consisting of              , reviewed Petitioner’s allegations of error and injustice on 21 May 2020 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 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 partial favorable action. 
 
    b.  In accordance with reference (b), 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).  Accrued interest, fines, penalties, or processing fees cannot be paid by the Service.  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. 
 
    c.  Petitioner enlisted on 30 August 2011. 
 
    d.  Petitioner signed NAVCRUIT 1133/75, Statement of Understanding Loan Repayment Program on 26 September 2011. 
 
    e.  Petitioner was promised LRP via NAVCRUIT 1133/52, Enlistment Guarantees (Annex B) on 5 October 2011 and DD Form 1966, Record of Military Processing was updated to reflect the LRP guarantee.  
    f.  Petitioner’s Active Duty Service Date is 19 March 2012.  
                        
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 eligibility criteria for LRP in accordance with reference (b); however, he failed to complete the administrative process, thereby impeding his ability to receive entitlement to LRP.  Additionally, by signing NAVCRUIT 1133/75, Statement of Understanding Loan Repayment Program, Petitioner acknowledged he would not be reimbursed for payments made to the lender(s).  Although Petitioner did not complete the proper administrative requirements, the Board felt that under these circumstances, partial relief is warranted. 
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
Petitioner completed and submitted DD Form 2745, DOD Education Loan Repayment Annual Application 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. 
 
The part of the Petitioner’s request for corrective action that exceeds the foregoing is denied.  Interest, associated fees on the loan and payments to the lender are not reimbursable by the Service. 
 
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. 
 

7/27/2020


Deputy Director