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 28 January 2021.  The names and votes of the panel members 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 the 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, as well as applicable statutes, regulations, and policies.  The Board also considered the 8 December 2020 advisory opinion (AO) furnished by the Navy Personnel Command (PERS-95), which was previously provided to you.  Although you were afforded an opportunity to submit a rebuttal, you did not do so. 
 
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. 
 
The Board carefully considered your request to remove the 2 January 2015 Line of Duty (LOD) understanding letter from you to the Commander, Navy Personnel Command (PERS-495).  The Board considered your contention that the letter does not state any specific injuries or illnesses, and therefore has been inappropriately used by the Department of Veterans Affairs to deny your claim for disability.  You assert that given that the memorandum does not cite or refer to specific injuries, illnesses, or deceases, you made the incorrect assumption that the document was not credible in anyway. 
 
The Board, however, concurred with the AO’s recommendation that your record remain unchanged because the letter is required to determine if you were eligible for LOD benefits.  The Board noted that you had the option to choose whether or not any injury, illness, or disease was aggravated or incurred while in the performance of Naval Reserve duties, or while in direct travel to or from such duty.  You selected the option that indicated your injury, illness, or disease was not related to Naval Reserve Service.     
 
You are entitled to have the Board reconsider its decision upon the 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,