DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BJG
Docket No: 5598-14
24 September 2014
This is in reference to your reconsideration request dated 5
April 2014 with enclosures. You previously petitioned the Board
- and were advised in our letter of 21 July 2014, 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. Documentary material considered
by the Board consisted of your application, any material
submitted in support of your application, and your previous case
file.
After careful and conscientious consideration of the entire
record, the Board determined that the sleep study, Department of
Veterans Affairs rating, and security clearance electronic mail
you submitted, even though not previously considered by the
Board, were insufficient to establish the existence of material
error or injustice. The Board particularly noted that you have
over 23 years of service and are eligible for a reserve
retirement at age 60. The Board also noted that you are at high
/ year tenure for a Sailor in pay: grade E-7. The Board determined
‘the evidence you. provided was not enough to outweigh the
Physical Fitness Assessment failure and non-recommendation for
retention while you.were on active duty. Accordingly, your
application has been denied. The names and votes of the members
of the panel will be furnished upon request.
It is regrettable 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 within one year from the date of the Board’s
decision. New evidence is evidence not previously considered by
the Board prior to making its decision in your case. 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 record, the burden is
on the applicant to demonstrate the existence of material error
or injustice.
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Sincerely,
ROBERT J. O/'NETLUI
Executive Director
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