DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE RD SUITE 1001
ARLINGTON VA 22204-2490
BAN
Docket No.NRO1820-14
22 April 2014
This is in reply to your request of 28 October 2013, for
reconsideration of your original case.
A review of cur files reveals that in August 2012, you
petitioned this Board seeking a change to your characterization
of service and to remove an erroneous entry in your service
record regarding a felony. On 17 October 2013, after careful
consideration of your request, the Board found insufficient
evidence of an error or injustice that would warrant the relief
you sought. On 23 October 2013, you were sent a letter stating
that your case was denied.
As explained in the Board's letter of 23 October 2013, a case
may be reconsidered only upon submission of new and material
evidence. 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 Board's decision. In other words, even if
the information which you now offer was presented to the Board,
the decision would inevitably be the same. You have not
provided any new or material evidence that would change the
Board’s decision. Additionally, we have enclosed copies of your
statement dated 28 March 1973, and a statement from the
assistant legal officer dated 5 April 1973. You stated that you
pled guilty to petty larceny and third degree assault and were
sentenced to three years of probation. Therefore, your
reconsideration request has been denied.
I regret that the circumstances are such that a more favorable
determination cannot be made.
Sincerely,
BRIAN J. GEORGE
Head, Discharge Review Section
Enclosures
NAVY | BCNR | CY2014 | NR3329 14
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your reconsideration request on 28 April 2014. You are entitled to have the Board reconsider its decision upon submission of new and material evidence or other matter not previously considered by Docket No.NRO03329-14 the Board. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material...
NAVY | BCNR | CY2014 | NR0260 14
In May 2007, you requested a reconsideration of that decision. Again, your request was denied on 22 July 2010, based on that fact that no new or material evidence was presented. On 27 September 2013, you have submitted yet another request for reconsideration and you still have not provided any new or material evidence to warrant a change to your record.
NAVY | BCNR | CY2014 | NR8308 14
However, you allege that you did not receive a copy of the partially favorable advisory opinion (2/0), since you did not agree with the approval dates. As explained in the Board’s previous partial approval letter, a case may only be reconsidered upon submission of new and material evidence. On 14 July 2014, your reconsideration request was approved.
NAVY | BCNR | CY2012 | 02264-12
Evidence is considered to be material if it is likely to have a substantial effect on the outcome of the prior Board’s decision. 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. You then sent another letter dated 5 September 2012, requesting another reconsideration and you still have not provided any new or...
NAVY | BCNR | CY2014 | NR3580 14
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your reconsideration request on 14 April 2014. You are entitled to have the Board reconsider its decision upon submission of new and material evidence or other matter not previously considered by Docket No.NRO03580-14 the Board. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material...
NAVY | BCNR | CY2013 | NR5059 13
By letter of 11 April 2013, you requested removing the service record page 11 (“Administrative Remarks (1070)”) entry dated 15 September 2008. A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 October 2013. 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.
NAVY | BCNR | CY2014 | NR6075 14
Evidence is considered to be material if it is likely to have a substantial effect on the outcome of the Board’s decision, On 16 April 2014, our office received your reconsideration request dated 9 April 2014, requesting a reconsideration of your case based on new and material information you provided (a response to the original advisory opinion). Therefore, a three- member panel of the Board for Correction of Naval Records, sitting in executive session, considered your...
NAVY | BCNR | CY2013 | NR3084 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, reconsidered your case on 10 October 2013. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, the Board’s files on your prior cases, your naval record and applicable statutes, regulations and policies. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to...
NAVY | BCNR | CY2014 | NR6533 14
You were advised via our letter dated 24 September 2013 (your case was Boarded 23 September 2013), that your aoplication had been denied. Documentary materials considered by the Board consisted of your applicaticn, together with all materials submitted in support thereof, your naval record and applicable statutes, regulations and pclicies. after careful and) conscientious consideration of the entire record, the Board) found that the evidence submitted was insufficient to etablish the...
NAVY | BCNR | CY2014 | NR1165 14
on S November 2013, You previously petitioned the Board and were advised in our letter of 23 October 2013, that your application had been denied. Your current request has been carefully examined by a three- member panel of the Board for Correction of Naval Records, sitting in executive session on 24 February 2015. Accordingly, your application has been denied.