Docket No: 4821-20/ 
           2039-18 
Ref: Signature Date 

 
Dear : 
 
This letter is in reference to your reconsideration request dated 24 May 2020.  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 30 September 2020.  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, regulations, and policies. 
 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issue(s) involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
Your request for an upgrade to your characterization of service was reviewed in consideration of your contention that you suffer from Post-Traumatic Stress Disorder (PTSD) due to your “naval 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.” 
 
The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge.  The Board considered your contentions that you have PTSD and tinnitus due to your “naval service.”  You assert that there was abuse of authority, lies and contradictions from officers; you did not commit any of the acts you were accused of, and everything you said was taken out of context.  Additionally, you contend that you were not treated fairly and you were a good Sailor.  You further assert that after the explosion onboard the USS IOWA, you played a big part in keeping the ship afloat; you helped a lot of Sailors stay safe.     
 
After careful consideration, the Board concluded these factors were insufficient to warrant relief in your case because of your misconduct that resulted in two non-judicial punishments and a summary court-martial conviction.  The Board noted that you did not provide any evidence in support of your contention concerning PTSD.  Even under the liberal consideration standard, the Board found no probable material error or injustice and determined that your misconduct warranted an other than honorable characterization of service.  The Board relies on a presumption of regularity to support the official actions of public officers.  In the absence of substantial evidence to the contrary, the Board will presume that they have properly discharged their official duties.   
 
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,