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

Docket No. 7042-17 
APR O8 2019 


This is in reference to your application for correction of your naval record pursuant to the provisions of Title 10 United States Code § 1552. 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. 

Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your case on its merits. A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 November 2018. The names and votes of the members of the 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 suppcprt thereof, relevant portions of your naval record and applicable statutes, regulations and policies. In addition, the Board considered the advisory opinion . contained in Commander, Naval Supply Systems Command (NAVSUP) letter 5040 Ser N43/140 of 4 December 2017; a copy of which was previously provided to you for comment. A copy of this advisory opinion is again enclosed. 

You requested the excess cost of $1,016.63 be forgiven due to financial hardship. The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, to include your assertions. The Board agreed that it does not have waiving authority but does have the authority to correct records. Nevertheless, the Board concluded there was no error or injustice identified which proves the weight of your household goods (HHG) was incorrect. The Board also agreed that you may submit for a remission of indebtedness to the Office of Naval Operations (OPNAV) N130C via email at NXAG_N130C@navy.mil. In this connection, the Board substantially concurred with the comments contained in the advisory opinion. 

It is regretted that the circumstances of your case are such that favorable action cannot be taken at this time. 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 this regard, 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