DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 11176-16/ 6056-15 Dear [NAME REDACTED] This is in reference to your latest reconsideration request dated 28 December 2016. You previously petitioned the Board and wen: 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 ofthe Board for Correction ofNaval Records, sitting in executive session on 2 May 2017. The names and votes ofthe members ofthe panel will be furnished upon request. Documentary material considered by the Board consisted of your application and any material submitted in support of your application. After careful and conscientious consideration, the Board determined that the documentation that you provided was previously considered by the Board, and continues to be insufficient to establish the existence ofprobable material error or injustice. Specifically, your contention that you suffered from PTSD was fully and carefully considered by the Board in light of the Secretary of Defense's Memorandum, "Supplemental Guidance to Military Boards for Correction of Military/Naval Records Considering Discharge Upgrade Requested by Veterans Claiming Post Traumatic Stress Disorder" of3 September 2014. In accordance with the guidance, the Board gave liberal and special consideration to your record. After applying these guidelines to the evidence in the case, the Board was not able to substantiate the existence of PTSD. The Board also noted that you were provided an additional 60 days to submit documentation supporting your claim of PTSD to the Board for Correction ofNaval Records (BCNR) and you provided no diagnostic evidence to support your claim. As a result, the Board was unable to substantiate your claims of PTSD at the time ofyour misconduct and it was their opinion that the seriousness of your misconduct outweighed any mitigation that would be offered by PTSD. The Board believes that under current regulations you may be eligible for veterans' benefits. Whether or not you are eligible for benefits is a matter under the cognizance ofthe Department ofVeterans Affairs (DVA), and you should contact the nearest office of the DVA concerning your right to apply for benefits. 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 of sufficient 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. It is important to keep 'iri mind that a presumption of regularity 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 of probable material error or injustice. Sincerely, Executive Director