DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE RD SUITE 1001
ARLINGTON VA 22204-2490
BAN
Docket No. 02264-12
13 February 2013
This is in reply to your request for reconsideration on your
application to BCNR dated 20 February 2013.
A review of our files reveals that in February 2012, you
petitioned BCNR seeking a change to your record to reflect that
you were promoted to E4 vice E-3 in 1964.
On 4 June 2012, after careful consideration of your request, the
Board heard your case and found insufficient evidence of an
error or injustice that would warrant the relief you sought.
You were sent a letter on 25 June 2012 and your case was denied.
On 16 July 2012, you requested, reconsideration of that
decision. A case may be reconsidered only upon submission of
new and material evidence not previously considered that would
have a direct impact on the prior decision. New evidence is
defined as evidence not previously considered by the Board and
not reasonably available to you at the time of your previous
application. Evidence is considered to be material if it is
likely to have a substantial effect on the outcome of the prior
Board’s decision. Although at least some of the evidence you
submitted was new, it was not material. In other words, even if
your information was presented to the Board, the decision would
have inevitably been the same. Therefore, you were sent another
letter stating that your reconsideration was not appropriate at
that time and that it was regretted that the facts and
circumstances of your case were such that a more favorable reply
cannot be made. This letter was sent to you at the address
listed on your application on 9 August 2012.
You then sent another letter dated 5 September 2012, requesting
another reconsideration and you still have not provided any new
or material evidence to warrant a change to your record.
Therefore, in the future, any further correspondence regarding
this matter, without new or material evidence will not be
considered. Your next course of action is the federal court
system.
I regret that the circumstances are such that a more favorable
determination cannot be made.
Sincerely,
PF
W. DEAN P F
Executive Di
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