DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 
Docket No. 7406-15 
MAY 2 0 2016 


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 that conform to Lipsman v. Secretary of the Army, 335 F. Supp. 2d 48 (D.D.C. 2004). You were previously denied by this Board on 3 December 2003. 

A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 April 2016. Your allegations of error and injustice were reviewed in accordance with administrative regulations 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 determinedthat your case 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 argument that you suffered from Post-traumatic stress disorder (PTSD) as a result of your treatment by drill instructors while in the Marine Corps. Unfortunately, there is no evidence in your record or application to substantiate your allegations of abuse and or that you suffer from PTSD, e.g. a medical diagnosis. Despite this lack of evidence, the Board considered your case in light of the Secretary of Defense Memorandum of September 3, 2014, Supplemental Guidance to Military Boards of Correction of Military/Naval Records Considering Discharge Upgrade Requests by Veterans Claiming Post Traumatic Stress Disorder. Additionally, the Board applied the guidance contained in the Deputy Under Secretary of Defense's memo of 24 February 2016. So although your request was previously reviewed by the Board and denied, your petition was reconsidered, de novo, in accordance with the guidance. After reviewing your case, the Board reached the same conclusion by the previous Board based on the same rationale; your application and record do not support your allegations of abuse and your misconduct is too serious too warrant relief. You were convi cted at two special courts-martial and were pending a third court-martial when you requested to be discharged for t he good of the service. The seriousness of ˇyour misconduct that resulted in multiple convictions convinced t he Board that, even if you had produced evidence to support your allegation of abuse and a PTSD diagnosis, the mitigation offered by t hat evidence would not outweigh the si gnificant misconduct you committed. Accordingly, the Board was unable to f ind an error or i n justice warranting a correction to your record and denied your application. The names and votes of the members of the panel will be furnished upon request. 

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 submi ssion of new evidence within one 
year from the date of the Board's decision. New evidence is evidence 
ˇ not previously c0nsidered 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 to demonstrate the existence of probable material ˇerror or injustice. 
Si ncerely, 

Executive Director 
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