DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 1603-17 JUN 05 2017 Dear This is in reference to your recent reconsideration request. You previously petitioned the Board and were advised in our letter of that your request did not fall under the purview of this Board. Your case was reconsidered in accordance with Board for Correction ofNaval Records procedures that conform to Lipsman v. Secretary ofthe.Army, 335 F. Supp. 2d 48 (D.D.C. 2004). Your current request has been carefully examined by a three-member panel ofthe Board for Correction ofNaval Records, sitting in executive session on 1 March 2017. The names and votes ofthe members ofthe panel will be furnished upon request. Documentary' material considered by the Board consisted ofyour application and any material submitted in support ofyour application. After careful and conscientious consideration ofthe entire record, the Board determined your letter and the , letter from the Chief ofNaval Operations denying your appeal ofthe decision made by Navy Personnel Command on even though not previously considered by the Board, was insufficient to establish the existence ofmaterial error or injustice. The Board determined your contention that you are eligible for the Vietnam Campaign Medal and the Republic ofVietnam Meritorious Unit Citation (Gallantry Cross Colors with Palm and Frame) for your service in the United States Navy is unsupported. In this regard, the Board substantially concurs with the Secretary ofthe Navy established criteria. Accordingly, your application has been denied. It is regretted that the circumstances of your reconsideration petition are such that favorable action cannot be taken again. You are entitled to have the Board reconsider its decision upon the submission ofnew and material evidence. New evidence is evidence not previously considered by the Board. In the absence ofsufficient new and material evidence for reconsideration, the decision ofthe Board is final, and your only recourse would be to seek relief, at no cost to the Board, from a court of appropriate jurisdiction. It is important to keep in mind that a presumption ofregUlarity 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 ofprobable material error or injustice. Sincerely, Executive Director