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

Docket No: 4589-18/ 4305-09 
AUG 19 2019 

Dear 

This is in reference to your 14 May 2018 reconsideration request. You previously petitioned the Board for Correction ofNaval Records (Board) and were advised that your application had been denied. (Docket No: 4305-09.) Your case was reconsidered in accordance with the Board's procedures, which conform to Lipsman v. Sec y ofthe Army, 335 F. Supp. 2d 48 (D.D.C. 2004). After careful and conscientious consideration ofthe entire record, the Board found the evidence submitted was insufficient to establish the existence ofprobable material error or injustice. Consequently, your reconsideration request has been denied. 

Because your application was submitted after the promulgation ofintervening policy guidance not previously considered, the Board found it in the interest ofjustice to review your application. Your current request has been carefully examined by a three-member panel ofthe Board, sitting in executive session on 22 July 2019. The names and votes ofthe members of the panel will be furnished upon request. Documentary material considered by the Board consisted of your applications, together with all material submitted in support thereof, relevant portions ofyour naval record, and applicable statutes, regulations, and policies. In addition, the Board considered the enclosed 28 November 2018 advisory opinion (AO) furnished by a qualified Navy mental health professional dated, which was previously provided to you. 

You presented as new evidence a letter from the Department of Veterans Affairs stating that you are 100 percent disabled for unspecified service-connected ailments. The Board, however, determined that the documentation that you provided, even though not previously considered by the Board, was insufficient to establish the existence ofprobable material error or injustice. 

You requested an upgrade to your characterization ofservice on the basis that you suffered from post-traumatic stress disorder (PTSD) at the time ofyour military service. Your request was fully and carefully considered by the Board in light ofthe Secretary of Defense's memorandum, "Supplemental Guidance to Military Boards for Correction ofMilitary/Naval Records Considering Discharge Upgrade Requested by Veterans Claiming Post Traumatic Stress Disorder," of3 September 2014 and the "Clarifying Guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records Considering Requests by Veterans for Modification of their Discharge Due to Mental Health Conditions, Sexual Assault, or Sexual Harassment' memorandum of 25 August 2017. 

A qualified Navy mental health professional also reviewed your request and provided an AO regarding your assertion that you suffered from PTSD during your service. The AO noted that no diagnoses were provided, although you assert that you incurred PTSD during your military service. No additional records were available for review. The AO also noted that you provided no post-service treatment records and no context for your PTSD diagnosis, and that there is no information in your service record that you were exposed to actual or threatened death, serious injury, or sexual violence. Moreover, there is no information from your post-service clinicians regarding the symptoms that result in a PTSD diagnosis. The AO thus concluded that there is insufficient information to determine whether you suffered from PTSD during your service, and whether such condition contributed to your misconduct. 

The Board carefully weighed all potentially mitigating factors, such as your unspecified service­connected disabilities and your desire to upgrade your character of service. The Board also considered your contentions that you suffered from undiagnosed and untreated PTSD during your service. The Board, however, concurred with the AO that there is insufficient information to determine whether you suffered from PTSD during your service, and whether such condition contributed to your misconduct. 

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 matters, which will require you to complete and submit a new DD Form 149. New matters are those not previously presented to or considered by the Board. In the absence of new matters for reconsideration, the decision ofthe Board is final, and your only recourse would be to seek relief, at no cost to the BCNR, from a court ofappropriate 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