DEPARTMENT OF THE NAVY 

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

Docket No: 1533-16/1178-09 

JUL 18 2016 

Dear : 

This is in reference to your latest reconsideration request 
dated 11 June 2015. You previously petitioned the Board and 
were advised in our letter of 24 June 2009 that your application 
had been denied. Your case was reconsidered in accordance with 
Board for Correction of Naval Records procedures that conform to 
Lipsman v. Secretary of the Army, 335 F.Supp.2d 48 (D.D.C 2004). 

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 for 
Correction of Naval Records, sitting in executive session on 5 
May 2016. 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 and any material 
submitted in support of your application. 

After careful and conscientious consideration of the entire 
record, the Board determined that the new documentation you 
provided and post-traumatic stress disorder (PTSD) assertion 
were insufficient to establish the existence of probable 
material error or injustice. The Board gave liberal 
consideration to your documents and PTSD assertion, but was 
unable to conclude that PTSD existed at the time of your 
misconduct. The Board concluded that these factors were not 
sufficient to warrant relief in your case given the seriousness 
of your misconduct. 

Your assertion of PTSD was 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 Requests by Veterans 
Claiming Post-Traumatic Stress Disorder" of September 3, 2014. 

However, after a review of the entire record and the 
circumstances surrounding your separation, the Board found 
insufficient evidence to support your assertion that PTSD may 
have caused your misconduct. As a result, the Board was unable 
to substaiifiate your claims of PTSb and it was their opinion that 
the seriousness of your misconduct outweighed any mitigation that 
would be offered by the PTSD. Accordingly, the Board concurs 
with the previous Board decision and your application has been 
denied. 

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 and 
material evidence or other matter not previously considered by 
the Board within one year from the date of the Board's decision. 
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 error or injustice. 

Sincerely, 
 
Executive Director