DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 JLB Docket No. 9440-16 !JAY 0 4 2017 Dear This is in reference to your application for correction of your naval record pursuant to the provisions of 10 use 1552. A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 March 2017. Your allegations oferror and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings ofthis Board. Documentary material considered by the Board consisted ofyour application, together with all material submitted in support thereof, your naval record and applicable statutes, regulations and policies. The advisory opinion provided in CNRFC letter 5420 Ser Nl/00f6 dated 10 January 2017 was sent to you on 6 February 2016 for an opportunity to comment prior to being considered by the Board. A copy of this advisory opinion is again enclosed. After the 30 day period for comment expired without a response, the case was presented to the Board. After careful and conscientious consideration ofthe entire record, the Board found that the evidence submitted was insufficient to establish the existence of probable material error or injustice. In this connection, the Board substantially concurred with the comments contained in the advisory opinion. Your request to transfer benefits was approved on 20 October 2014 with a required service obligation end date of20 October 2018. The Board felt that you received sufficient notice ofyour obligation to serve four years from the date oftransfer. Accordingly, your application has been denied. The names and votes ofthe members ofthe panel will be furnished upon request. 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 ofregularity attaches to all Docket No. 9440-16 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 Enclosure: CNRFC letter 5420 Ser Nl/0016 dtd 10 Jan 17 2