DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 282-17 Dear This is in reference to your application for correction ofyour naval record pursuant to the provisions of I 0 USC 1552. Your case was reconsidered in accordance with procedures that conform to Lipsman v. Secretary of the Army, 335 F. Supp. 2d 48 (D.D.C. 2004). You were previously denied relief by this Board on 14 December 2006. A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 July 2017. Your allegations oferror 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. Additionally, the Board considered the advisory opinion contained in Director CORB letter 5220 CORB: 002 of 6 November 2006; an opinion provided as part of your previous application that was already provided to you for comment. However, after careful and conscientious consideration of the entire record, the Board determined that while your request does contain new information not previously considered by the Board, it does not warrant relief. Accordingly, your request has been denied. The names and votes of the members of the panel will be furnished upon request. The Board carefully considered your arguments that you deserve to be placed on the Permanent Disability Retirement List. You assert that you were suffering from a mental illness that did not exist upon your entry into the Navy. Unfortunately, the Board disagreed with your rationale for relief. In making their findings, the Board substantially concurred with the advisory opinion contained in Director CORB letter 5220 CORB: 002 of 6 November 2006. Specifically, the Board determined that your bi-polar condition existed prior to entry based on your history of psychiatric treatment starting at age 10. Additionally, the Board was unable to find evidence of service aggravating factors that would warrant a disability rating by the Navy. Accordingly, the Board determined no error or injustice exists in your case. Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issue(s) involved. Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 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 of the 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 ofan official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice. Sincerely, Executive Director