Docket No. 6544-19 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 14 July 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 Naval Service Training Command letter 5800 Ser N02/961 of 10 December 2019; a copy of which was previously provided to you for comment. On 14 November 2016, your Commanding Officer notified you via administrative remarks regarding Physical Fitness Assessment Failure with Adverse Action Administrative Counseling/Warning. In the most recent 3-year period this is your first failure to meet standards. Furthermore, you were made aware of the administrative actions for failure of a second PFA in the most recent 3-year period; including processing for disenrollment. On 1 December 2016, , notified you via letter that you were being notified of a Performance Review Board (PRB) to investigate and make recommendations for your performance on the Fall 2016 PRT. On 12 December 2016, notified you via letter results of performance review Board. The Board’s recommendation was a letter of warning. On 12 December 2016, Unit, notified you via letter that you were hereby issued a letter of warning for the Spring 2017 semester because of your Spring 2016 PRT. On 22 February 2018, Corps Unit, notified you via letter that you were hereby issued a letter of warning for the Spring 2018 semester because of your below standards physical fitness, specifically body composition in excess of 34% body fat. Furthermore, failure to show improvement in the area in which you are now deficient or an accumulations of deficiencies in new areas may jeopardize your scholarship benefits and commissioning. On 30 April 2018, , notified you via letter that you were being notified of a PRB to investigate and make recommendations for substandard PFA performance during cycle 1, 2018. On 9 May 2018, , USN, Senior Board Member notified you via letter the results of the performance review board. You were notified that the Board’s recommendation was leave of absence. On 22 October 2018, you were notified of your physical fitness failure. Based on official weigh-ins conducted on 22 October 2018, you failed to meet the PRT standards as set forth in Chapter 3 of the regulations of officer development (NSTC-M 1533.2C). On 24 October 2018, notified you via letter that you were being notified of a PRB to investigate and make recommendations regarding your failure to meet the physical fitness or body composition standards during an official PFA twice in a 3-year period. You acknowledge receipt of the PRB notification and all documents that may be presented against you at the PRB; it is noted you initialed that you do not challenge a member of the PRB panel for cause. On 2 November 2018, notified you via letter the results of the performance review board. You were notified that in accordance with the Performance Review Board held on 2 November 2018, the Board recommended leave of absence pending disenrollment without recoupment. On 6 February 2019, via letter to Secretary of the Navy of Recommendation for termination of appointment as midshipman, U.S. Navy Reserve in case of . You were recommended for disenrollment from the , for physical fitness reasons. Specifically, your consecutive failures to meet Body Composition Assessment (BCA) standards and pass Physical Fitness Assessments. Furthermore, recoupment of scholarship funds in the amount of $69,773.26 is recommended in lieu of active enlisted service. However, should you enlist in active duty service at a later date, you may contact this command on procedures to have your debt deferred/terminated at that time. DASN (MMP) decision was approved on 2 April 2019. On 10 April 2019, an appointment termination disenrollment authorization was issued by effective 2 April 2019. On 17 April 2019, notified via letter to . The Secretary of the Navy approved your disenrollment from the NRTOC Program, and directed that you reimburse the government in the amount of $69,773.26 for advanced educational assistance received. Furthermore, if you desired entry into active service, recommend contacting a local recruiter. Once on active duty you can provide Commander, Naval Service Training Command a copy of your enlistment/commissioning documents to defer/terminate your recoupment action. On 23 April 2019, notified via letter to termination documentation and you were asked to complete the Naval Reserve Officers Training Corps Disenrollment Authorization signed 10 April 2019 with your signature and address, which you declined to sign. You requested that your NROTC debt be waived; the Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, to include your assertions. In accordance with NSTC M-1533.2 (Regulations for Officer Development), the Physical Fitness Assessment/Physical Fitness Test/Combat Fitness Test (PFA/PFT/CFT) includes a Body Composition Assessment (BCA) and Physical Readiness Test (PRT). BCA is weight for height screening and body fat percentage (if required) estimation based on circumference measurements. The PRT consists of curl-ups, push-ups, and either run or swim. Furthermore, a physical fitness deficiency, which is also an aptitude deficiency, exists when any of the following apply: a. Failure to meet the physical fitness or body composition standards given above during an official PFA. Units shall submit a disenrollment package and recommendation for students failing to meet the above standards twice in a three year period. The Board concluded that beginning as early as 14 November 2016, you showed difficulty meeting and maintaining physical fitness standards, specifically the BCA. The Board concluded that you were given numerous opportunities to improve, and more than ample warning as to the consequences of repeated failure. Additionally, you were given the opportunity to enlist as a way to defer/eliminate your debt, an option that is still available to you. In this connection, the Board substantially concurred with the comments contained in the advisory opinion. Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issues involved. Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 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, 9/15/2020 Deputy Director