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

Docket No. 3088-19
Ref: Signature Date 

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 relevant portions of your naval record and your application, 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.
    
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 28 April 2020.  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 Chief, Bureau of Medicine and Surgery letter 5400 Ser M1/19UM10018 of 20 June 2019; a copy of which was previously provided to you for comment. 

On 27 June 2014, you were commissioned as an Ensign in the inactive U.S. Navy Reserve with a designator code of 1975.  Furthermore, you signed a Armed Forces health Professions Scholarship Program (AFHSP) Medical Students, Dental Students, and Medical Service Corps Students ( ) Service Agreement. On 17 March 2016, Commander, Navy Recruiting Command notified U.S. Navy Bureau of Medicine and Surgery (BUMED) that you did not meet established physical standards, and a waiver of the physical standards was disapproved. On 24 March 2016, Chief, Bureau of Medicine and Surgery notified Secretary of the Navy via Commander, Navy Personnel Command that you were recommended for administrative separation and recoupment of funds. On 25 March 2016, the Navy Recruiting Command determined that you were Not Physically Qualified (NPQ) for retention in the Navy Reserve.  Furthermore, Bureau of Medicine and Surgery notified Navy Personnel Command of your NPQ status and recommeded adminstrative separation and recoupment of funds expended for your education. On 8 May 2016, you notified Commander, Navy Personnel Command that you requested to resign your commission and agreed to repay all funds expended for your education. On 1 June 2016, Commander, Navy Personnel Command notified you that the Secretary of the Navy accepted your voluntary request to resign your commission as an officer in the U.S. Navy Reserve.  Accordingly, you were honorably discharged effective 20 May 2016. On 30 June 2016, Commander, Navy Personnel Command notified the Chief, Bureau of Medicine and Surgery of the authorization for the recoupment of funds expended for your education. 

You requested the waiver of debt incurred through participation in the Health Professions Scholarship Program, amounting to $241,264.29; 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 that you were provided guidance on resolving your Navy Reserve Status to include submitting a request for remission of indebtedness.  You chose to resign your commission and agreed to repay all funds expended for your education.  In this connection, the Board substantially concurred with the comments contained in the advisory opinion.
 
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.   

Sincerely,