DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 222()4..2490 
Docket No. 5649-15 
HAY 2 0 201& 


This is in reference to your application for correction of your naval record pursuant to the provisions of 10 use 1552. Your case was reconsidered in accordance with procedures t hat conf orm to Lipsman v. Secretary of the Army, 335 F. Supp. 2d 48 (D. D.C. 2004). You were previously denied relief on 25 September 2003, 8 June 2006, and 12 March 2009. 

A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 March 2016. Your allegations of error and injustice were reviewed. in accordance wi t h administrative r egulations 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 support thereof , your naval record and applicable statutes, regulations and policies. However, after careful and conscientious consideration of the entire record, the Board determined that while your request does contain new information not previously considered by the Board, including stat ements from you and your current employer, i t does not warrant relief. Accordingly, your request has been denied. The names and votes of the members of the panel will be furnished upon request. 

The Board carefully considered your arguments that the 2002 diagnosis was incorrect because you lied to the Navy medi cal provider. In addition, t he Board considered the fact you may not suffer from Post­Traumatic Stress Disorder based on your superior work performance since your discharge. Unfortunately, the Board disagreed with your rationale for relief for three reasons. First, the Board felt there was insufficient evidence to support your contention that you lied to Navy medical providers in 2002. Second, the Board determined that even if it were true, you should not benefit from your misconduct. The fact you may have been immature does not excuse your behavior. Third, if you provided a false official statement to avoid your military commitment, your re-entry code of RE-4 is appropriate . 

It is regretted that the circumstances of your case are such that favorable action cannot be taken. You are entitled to have the Board 
reconsider its decision upon submission of new evidence within one year from the date of the Board's decision. New evidence is evidence not previously considered by the Board prior to making its decision in this case. 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 t o demonstrate the existence of probable material error or injustice. 

Sincerely, 

Executive Director 
2