DEPARTMENT OF THE NAVY 

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

DocketNo: 11175-16/ 
10542-15 

MAR 09 2018 


Dear : 
This is in reference to your latest reconsideration request dated 21December2016. You 
previously petitioned the Board and were advised in our letter that your applications had been 
disapproved. Your case was reconsidered in accordance with Board ofCorrection ofNaval 
Records procedures that conform to Lipsman v. Secretary ofthe Army, 335.Supp.2d 48 (D.D.C. 
2004). 

Accordingly, your request has been carefully examined by a three-member panel of the Board 
for Correcti6n ofNaval Records, sitting in executive session on 9 January 2018. The names and 
votes ofthe members ofthe panel will be furnished upon request. Documentary material 
considered by the Board consisted ofyour application, together with all material submitted in 
support thereof, relevant portions ofyour naval record, applicable statutes, regulations and 
policies, and an Advisory Opinion (AO) from the Chief, Bureau of Medicine and Surgery dated 
18 August2017. 

After careful and conscientious consideration ofthe record, the Board found the evidence 
submitted was insufficient to establish the existence ofprobable material error or injustice. The 
Board carefully weighed all potentially mitigating factors, such as your post service diagnosis of 
post-traumatic stress disorder (PTSD) and mood disorder, your desire to upgrade your discharge, 
change your narrative reason, remove you misconduct, restore your rank, restore your forfeitures, 
and contention that you suffered from PTSD due discovering you were HIV+ and being harassed 
by your supervisor for being HIV+. 

Your contention that you suffered from PTSD was fully and carefully considered by the Board in 
light of the Secretary ofDefense's Memorandum, "Supplemental Guidance to Military Boards 
for Correction ofMilitary/Naval Records Considering Discharge Upgrade Requested by 
Veterans Claiming Post Traumatic Stress Disorder" of 3 September 2014 and the "Clarifying 
Guidance to Military Discharge Review Board and Boards for Correction ofMilitary/Naval 
Records Considering Requests by Veterans for Modification oftheir Discharge Due to Mental 
Health Conditions, Sexual Assault, or Sexual Harassment" memorandum of25 August 2017. 

In accordance with the guidance, the Board gave liberal and special consideration to your record 
and your statements about traumatic events. The Board concluded that these factors were not 
sufficient to warrant relief given the totality ofyour pattern ofmisconduct. Finally, the Board 
noted"that there is no evidence in your record, and you submitted none, to support your 
contention ofbeing harassed by your supervisor for being HIV+. A review ofyour recent 
application and its attachments reveal that again your request must be denied. 

It is regretted that the circumstances ofyour 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 and material evidence. New evidence is evidence not previously considered 
by the Board. In the absence ofsufficient new and material evidence for reconsideration, the 
decision ofthe Board is final, and your only recourse would be to seek relief, at no cost to the 
Board, from a. court of appropriate jurisdiction. 

Itis important to keep in mind that a presumption ofregularity attaches to all official records. 
Consequently, when applying for a correction ofan official naval record, the burden is on the 
applicant to demonstrate the existence ofprobable material error or injustice. 


Sincerely, 


Executive Director