DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 
6211-17/
1280-17 

NOV 27 2018 


Dear 

This is in reference to your latest reconsideration request dated 5 June 2017. You previously 
petitioned the Board and were advised in our letter that your application had been disapproved. 
Your case was reconsidered in accordance with Board of Correction of Naval Records 
procedures that conform to Lipsman v. Secretary of the Army, 335 F.Supp.2d 48 (D.D.C. 2004). 
After careful and conscientious consideration of the entire record the Board found the evidence 
submitted was insufficient to establish the existence of probable material error or injustice. 
Consequently your application has been denied. 

Because your application was submitted with new evidence not previously considered the Board 
found it in the interest of justice to review your application. Your current request has been 
carefully examined b a three-member panel of the Board for Correction of Naval Records, 
sitting in executive session on 22 August 2018. The names and votes of the members of the 
panel will be furnished upon request. Documentary material considered by the Board consisted 
of your application, together with all material submitted in support thereof, relevant portions of 
your naval record and applicable statutes, regulation and policies. 

You presented medical record progress notes from the       Veterans Affairs Medical Center 
dated 7 November 2016, as your new evidence. After careful and conscientious consideration of 
the entire record, the Board determined that the documentation that you provided even though 
not previously considered by the Board, was insufficient to establish the existence of probable 
material error or injustice. 

In regard to your contentions that you are a Desert Storm Veteran and you need help from the 
Veteran Administration hospital. Regarding healthcare benefit whether or not you are eligible 
for benefits is a matter under the cognizance of the Departrnent of Veterans Affairs (DVA), and 
you should contact their nearest office concerning your right to apply for benefits. If you have 
been denied benefits you should appeal that d nial under procedure established by the DVA. 

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 of new 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 of an official naval record, the burden is on the 
applicant to demonstrate the existence of probable material error or injustice. 

Sincerely, 

 

Executive Director