DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS . 701 S: COURTHOUSE RO~D,SUITE 1001 ARLINGTON, VA 22204-24.90 
Docket No. 7597"-15 

This is in reference to your application for correction of your naval record pursuant to the provisions of 10 USC 1552. Your case was reconsidered in accordance with Board for correction of Naval Records procedures that conform to Lipsman v . Secretary of the Army, 335 F. Supp. 2d 48 (D.D.C. 2004). You previously petitioned the Board and were denied relief on 28 January 1 999. 

Your current application was r eviewed for new evidence not previously considered by the Board. You submitted an application containing excerpts from your service and medical records t hat were previ ousl y considered by this Board. In addition, you provided Department of Veterans Affairs (VA) decision let ter s that contains in-formation that was previously considered by the Board. In your case, it i s important for you to provide evidence that addresses the findings and opinions contained in the advisory opinion of 26 November 1998. Submitting VA updated decision letters from:the VA is not considered new evidence since the Board acknowledged your VA disability ratings in 1999 and informed you that it was not probative on the issue of unfitness for duty. So the fact your VA ratirtgs may have increased s i nce 1999 i s not relevant t o the issue of a disability re.tirement from the military and, therefore, not considered new evidence. Since no new evidence not previousl y considered by the Board was found in your application, your request f or reconsideration is denied and your case is hereby administratively closed. 

It is regretted that the circumstances of your case are such that favorable action cannot be taken. You are entitled to have t he Board reconsider its decision upon submi ssi on of new 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 decisiqn: in this case. In t his regard, it is important to keep in mind that a presumption of regularity attaches to all official r ecords. 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. 

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