DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE RD SUITE 1001
ARLINGTON VA 22204-2490
BAN
Docket No:NRO5235-14
30 April 2014
This is in reference to your application for reconsideration
request of your naval record pursuant to the provisions of 10
uSC 1552 on 19 March 2014.
BR three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
reconsideration request on 28 April 2014. 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, your naval record and
applicable statutes, regulations and policies.
As explained in the Board’s original letter to you on 7 February
2011, 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 July 2012,
you requested a reconsideration of your request and it was
denied. Furthermore, you have requested another reconsideration
of your request via the Secretary of the Navy’s Office.
After careful and conscientious consideration of the entire
record, the Board found that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice. Although the information you provided was
new, it was not material information that would change the
Board's original decision and your reconsideration request has
been denied. The names and votes of the members of the panel
will be furnished upon request.
Docket No.NRO5235-14
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 and
material evidence or other matter not previously considered by
the Board. In this regard, it is also 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,
Acting Executive Director
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