DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 2740-17 JUL 21 2017 Dear : 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 procedures that confonn to Lipsman v. Secretary of the Anny, 335 F. Supp. 2d 48 (D.D.C. 2004). You were previously denied relief by this Board on 15 January 2016. The Board found it in the interest of justice to consider your request. In this regard, your current request has been carefully examined by a three-member panel ofthe Board for Correction of Naval Records on 14 July 2017. The names and votes of the members ofthe panel 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 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. After careful and conscientious consideration of the entire record, the Board determined that while your request contains new information not previously considered by the Board, specifically your statement and the statement from your former commanding officer, the Board did not find the existence of an error or injustice warranting corrective action. While a statement from your commanding officer was not previously provided in your original application, it does not provide any substantially new evidence. Furthermore, the Board found that your request for the following: "I requested to break my Sea Shore rotation and stay on shore duty due to my daughter increasing from EFMP Category 2 to Category 4, but was disapproved by NPC on 4 January 2017" was not part of the original request, and is not part ofthe Board's purview. Accordingly, your request 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 of sufficient 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 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, Executive Director