Docket No. 3823-19 Ref: Signature Date 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 19 May 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 7220 Ser M1/19UM13533 memo of 22 Nov 19, which was previously provided to you for comment. Pursuant to the provisions of reference Title 10, United States Code, Section 1552, you filed a DD Form 149 with this Board requesting, in effect, that the applicable naval record be corrected to show your request for remission of indebtedness incurred from the Armed Forces Health Professions Scholarship Program (AFHPSP) be approved. The Board, having reviewed all the facts of record pertaining to your allegations of error and injustice, finds as follows: On 23 September 2013, you signed a NAVCRUIT 1131/131 AFHPSP Medical Students, Dental Students, and Medical Service Corps Students (1975X, 1985X, and 1995X) Service Agreement. On 23 September 2013, you signed a NAVPERS 1000/4 (Officer Appointment Acceptance and Oath of Office) appointing you as an Ensign in the U.S. Navy Inactive Reserve with a designator code of 1975. On 9 February 2017, Commander, Navy Recruiting Command notified the U.S. Navy Bureau of Medicine and Surgery that based on a review of available medical information, subject applicant does not meet established physical standards due to a recent deep vein thrombosis and Factor V Leiden mutation, and that a waiver of the physical standards cannot be issued. On 15 February 2017, Chief, Bureau of Medicine and Surgery notified Secretary of the Navy that you did not meet established physical standards for Appointment, Enlistment, and Induction, and that a waiver of the physical standards was not issued. Furthermore, the medical condition will not preclude you from continuing your medical education and potential future employment as a physician. Recoupment was recommended for all funds expended by the government on your behalf for stipend, reimbursements, accession bonus and tuition, which was presently estimated at $326,000 (as of February 2017). On 17 March 2017, Commander, Navy Personnel Command (PERS-91) notified you of involuntary separation order and honorable discharge from the U.S. Navy Reserve effective 17 March 2017. On 19 April 2018, Deputy Assistant Secretary of the Navy (ASN) Manpower and Reserve Affairs (M&RA) (Military Manpower & Personnel) notified you that after careful consideration of the evidence it was found that your request to cancel the recoupment of education funds expended while in the AFHPSP could not be supported and therefore recoupment was authorized. Furthermore, an alternative to loan repayment was to complete your obligation to the Department of the Navy though service as a civilian physician at one of our facilities. You were also instructed that if interested, contact Mr. B at (703) 571-9095 six months prior to completing your residency training to determine if there are positions available. On November 2019, Chief, Bureau of Medicine and Surgery provided an advisory opinion concluding that the evidence proffered by you is insufficient to support the requested record change. The advisory opinion points out that you submitted a request for remission of your indebtedness to the Deputy ASN M&RA (Military Manpower & Personnel). On April 19, 2018, Deputy ASN M&RA (Military Manpower & Personnel) disapproving remission of your indebtedness and offered you an alternative to loan repayment to complete your obligation to the Department of the Navy as a civilian physician. However, you did not make contact regarding the alternative offered. Upon review and consideration of all the evidence of record, and especially in light of the contents of 23 September 2013 NAVCRUIT 1131/131, the Board did not find the existence of an error or injustice warranting corrective action. The Board concluded that you signed NAVCRUIT 1131/131 acknowledging that “If I am relieved of an ADSO [Active Duty Service Obligation] by reason of my separation because of a physical disability, the United States Navy may give me a service obligation as a civilian employed as a health care professional in a facility of the uniformed services for a period of time equal to my remaining ADSO or initiate discharge and recoupment actions.” You requested remission of debt and upon disapproval, you were offered alternative to loan repayment by completing incurred obligation to the Department of the Navy as a civilian physician. The Board found that although you were not able to serve on active duty due to a condition out of your control, you were given an opportunity to fulfill your obligation. 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.