Docket No. 9004-19
Ref: Signature Date

       
Dear .   
 
This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code.  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 insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied.     
 
A three-member panel of the Board, sitting in executive session, considered your application on 5 January 2021.  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 Commander, Naval Service Training Command letter 5800 Ser N00/774 of 13 October 2020; a copy of which was previously provided to you for comment and your response to the opinion. 
 
On 25 August 2014, you received a Fitness Report & Counseling Record ranked 1 of 50 FY 19 Midshipmen, with a trait Average of 3.00. 
 
On 25 April 2018, the Regimental Honor Committee convened on this date to adjudicate a violation by your of the Cadet Honor Code for lying to your chain of command about physical accountability.  
 
On 2 May 2018,   letter to , appointing him as Senior member of the performance review board (PRB) to be conducted on 10 May 2018. 
 
On 3 May 2018, Commanding Officer,   letter notified you of the performance review board (PRB) to be conducted on 10 May 2018, and to explain your rights.  You acknowledge that you were provided copies of documents.   

On 8 May 2018, a memorandum for record was made by Capt (P) U.S. Navy Retired pertaining to your conduct.  It detailed 3 different counseling sections, regarding poor performance at mandatory physical training, your lack of leadership and focus, and your misconduct violating VTCC regulations and the VTCC Honor Code.  
 
On 17 May 2018, a summary of testimony of Performance Review Board convened on 10 May 2018 made by LT (M). The Board voted 2-1 for disenrollment with the option of Active Enlisted Service.  The decision was based on multiple recurring aptitude and lack of trust from the board.  Finally, you provided a memorandum for record.  
 
On 31 July 2018, you signed a NSTC 1533/120 (Naval Reserve Officers Training Corps Disenrollment Acknowledgment) acknowledging that you were indebted to the U.S. government in the amount of $41,085.50.  Furthermore, you requested a waiver of financial reimbursement and/or involuntary Active Enlisted Service.   
 
On 31 July 2018, you signed a NSTC 1533/122 (Naval Reserve Officers Training Corps Student Disenrollment Report) for Aptitude (Failure in conduct standards or bearing).  Furthermore, obligation reimbursement listed recoupment.  Moreover, you should not be considered without weighing “need of service” against reason for disenrollment for future acceptability for Officer programs.  Finally, you provided a sworn declaration.  
 
You requested that NROTC disenrollment action against you be set aside and a directive be issued that no recoupment is appropriate; the Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, to include your assertions.  However, the Board strongly agreed with the statement contained in the Regimental Honor Committee Result, acknowledged by you on 2 May 2018, that, “As a senior in the Corps of Cadets at the time of this violation, you should clearly by now have a complete and robust understanding of the expectations of all cadets for acting truthfully and with integrity. Lying is a serious ethical lapse that undermines the cadet system and reputation, as well as your own personal integrity.” The Board also concluded that convening a PRB in response to your violation of the Honor Code was appropriate in accordance with NSTC M-1533.2C.  “The PRB is an administrative tool available to the PNS to investigate, review, and document recommendations regarding the best course of action to be taken to ensure successful fulfillment of program requirements by students enrolled in any NSTC officer development program.” Additionally, the Board could not find any evidence other than your assertions that the PRB process was unjust. Finally, the Board concluded that you could have opted to fulfill your debt to the government by enlisting, but chose not to; therefore, recoupment is appropriate.   In this connection, the Board substantially concurred with the comments contained in the advisory opinion. 
 
The Board determined that your personal appearance, with or without counsel, would 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. 
 
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,