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 31 March 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, as well as applicable statutes, regulations, and policies.  In addition, the Board considered the advisory opinion contained in Chief, Bureau of Medicine and Surgery memorandum 5400 DCTF/19UDCTF0019 of 19 April 2019; and your response to the opinion. 
    
On 3 February 2014, you were appointed as an Ensign in the Navy Reserve with a designation code of 1975.  On 27 September 2017, Navy Recruiting Command determined that you do not meet established physical standards for appointment in the Navy Reserve.  On 16 October 2017, Navy Bureau of Medicine and Surgery notified Navy Personnel Command (NPC) of your not physically qualified status and recommended you for administrative separation and recoupment of funds expended for your education.  On 23 October 2017, NPC notified you that you were being considered for honorable discharge from the Nave Reserve.  On 11 November 2017, you chose to submit a request for remission of scholarship indebtedness.  
On 28 November 2017, NPC notified you of your honorable discharge from the Nave Reserve.  On 6 July 2018, Deputy Assistant Secretary of the Navy (Manpower and Reserve Affairs) (DASN (M&RA)) denied your request for remittance of indebtedness to the government and you were given an alternative to loan repayment by completing your service obligation through service as a Navy civilian physician.  On 7 February 2019, DASN (M&RA) notified you that after reviewing your supplementary information, he could not support your request to cancel the recoupment of educational funds expended and once again 
referred an alternative to loan repayment by completing your service obligation through service as a Navy civilian physician.      
 
You requested approval of indebtedness waiver or remission.  The Board, in its review of relevant portions of your naval record and your application, carefully weighed all potentially mitigating factors, to include your contentions.  However, the Board concluded that NAVCRUIT 1131/131 (Armed Forces Health Professions Scholarship Program (AFHPSP) Medical Students, Dental Students, and Medical Service Corps Students (1975X, 1985X, and 1996X) Service Agreement), paragraph 18:  
 
“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.”   
 
The Board noted that there was no evidence that you agreed or were denied such service as a means to repay your debt.  Furthermore, in accordance with DoD 7000.14-R FMR, Volume 7A, Chapter 2, paragraph 020304A: 
 
“In instances involving a member’s separation for medical reasons, which were not the result of the member’s misconduct, the Secretary of the Military Department concerned has the discretion to determine whether to require repayment of the unearned portion of pay or benefit, or to pay an unpaid balance of a pay or benefit.”   
 
The Board noted that the DASN (M&RA) has twice reviewed and denied your request for waiver/remission of indebtedness, and has subsequently provided you twice with an alternative to your loan repayment.  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, 
6/21/2020