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 8 September 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 Marine Corps Recruiting Command memorandum 1070 G-1 of 16 September 2019; a copy of which was previously provided to you for comment. 
 
On 30 June 2008, MARADMIN 373/08 (FY09 Active Component Officer College Loan Repayment Program (CLRP)) was published and stated that active component Officer accessions, excluding Service Academy graduates, who receive a commission as a Marine Corps Second Lieutenant during the FY09 CLRP service period (1 October 2008 to 30 September 2009), may be authorized reimbursement of qualifying education loans per the guidelines set forth in this message.  Eligibility requirements: must contract between 1 August 2008 through 30 September 2009; PLC (Platoon Leaders Class) accessions, sophomore and junior year only, are eligible provided they graduate before 1 October 2011 and will receive their final CLRP repayment installment prior to 1 October 2014; and must sign a statement of understanding, either prior to attending OCS (Officer Candidate School) or upon reporting to TBS (The Basic School), that obligates the member to an additional 6 months of obligated service, that is added to the existing service obligation not to exceed 72 months (ground/law contracts only) beginning on the TBS join date.  Furthermore, Members must engage with their servicing personnel administration center on the anniversary date of their TBS start date to process their college loan repayment.  Servicing personnel administration centers will ensure that the CLRP agreement is cited in the member's OQR (Officer Qualification Record) page 11.  If the agreement is not referenced in the page 11, insert a comment reflecting the service obligation requirement and the associated CLRP agreement.  Finally, upon return of the letter to loan holder from the lending institution(s), TBS will forward the CLRP package containing the CLRP agreement, letter to loan holder, DD Form 1966/3, and NAVMC 321a to DFAS-Cleveland.    
 
On 12 November 2008, you enlisted for 8 years in the U.S. Marine Corps Reserve, and you signed a NAVMC 10460 (Service Agreement (1100) PLC (Ground)).  On 12 November 2008, you signed a Letter to Loan Holder.  On 13 November 2008, you and your OSO signed a Statement of Understanding Active Component Officer College Loan Repayment Program.  On 29 January 2009, you signed two NAVMC 10460 (Service Agreement (1100) PLC (Naval Aviator))/ (Student Naval Flight Officer).  On 25 August 2010, you and your OSO signed a Financial Assistance Agreement (FAP) PLC.  On 22 January 2010, you and your OSO signed a Financial Assistance Re-Certification Sheet.  On 21 May 2010, you were assigned to active duty for training, and released from active duty on 3 July 2010.  On 14 March 2011, you signed a NAVMC 10460 (Service Agreement (1100) PLC (Ground)).  On 27 September 2011, you were commissioned as a Second Lieutenant in the U.S. Marine Corps.  On 4 September 2012, you entered active duty.  On 3 March 2017, you were released from active duty and transferred to the Reserves. 
 
You requested that you receive tuition assistance payment; the Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, to include your assertions.  The Board concluded that there is evidence in your record that you began the process for CLRP and you did serve an additional 6 months on active duty; however, there is no evidence that all steps were completed in order to receive payment.  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,