DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 8475-18/ 1972-11 Ref: Signature Date Dear : This letter is in reference to your reconsideration request dated August 2018. You previously petitioned the Board for Correction of Naval Records (Board) and were advised that your application had been disapproved. Your case was reconsidered in accordance with Board procedures that conform to Lipsman v. Sec’y 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 by a three-member panel of the Board, sitting in executive session on 9 December 2019. 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 and all material submitted in support of your application. In addition, the Board considered the 19 July 2019 advisory opinion (AO) furnished by a qualified Navy mental health professional, which was previously provided to you and to which you provided no response. You presented no new evidence only that you released documents to the Department of Veterans Affairs (VA), and are in the process of getting a VA appointment. Additionally, you stated that you suffered from an undiagnosed, untreated medical condition, possible PTSD while in service, and since talking to civilian therapists, you believe you were discharge for reasons related to medical and psychological issues. The Board determined that what is stated on your application, even though not previously considered by the Board, was insufficient to establish the existence of probable material error or injustice. You requested an upgrade of your characterization of service on the basis that you suffered from a mental health condition during your military service. Your request was fully and carefully considered by the Board in light of the Secretary of Defense's 3 September 2014 memorandum, “Supplemental Guidance to Military Boards for Correction of Military/Naval Records Considering Discharge Upgrade Requested by Veterans Claiming Post Traumatic Stress Disorder,” the 25 August 2017 memorandum, “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,” and the 25 July 2018 memorandum, “Guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records Regarding Equity, Injustice, or Clemency Determinations.” A qualified Navy mental health professional further reviewed your request for correction to your record and provided the Board with an AO regarding your assertion you were suffering from mental health condition during your service. The AO noted, you submitted a personal statement that you were suffering from unrecognized mental health conditions during your military service. No additional records were available for review. You submitted no medical records confirming a diagnosis of PTSD. Additional post-service medical records describing your mental health diagnoses and the specific link between his symptoms and your misconduct are required to render an alternate opinion. Based on the available evidence, there is insufficient information to attribute your misconduct to PTSD incurred during military service. It is regretted that the circumstances of your reconsideration petition are such that favorable action cannot be taken. You are entitled to have the Board reconsider its decision upon the submission of new 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 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,