DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 2817-16/ 13389-87 MAR 29 2017 Dear This is in reference to your reconsideration request received on 28 March 2016. You previously petitioned the Board and were advised in our letter of 18 August 1988, that your application had been denied. Your case was reconsidered in accordance with Board of Correction ofNaval Records procedures that conform to Lipsman v. Secretary ofthe Army, 335 F.Supp.2d 48 (D.D.C. 2004). Because your application was submitted with an assertion that your discharge warrants an upgrade to a general characterization of service and your first petition references Post-Traumatic Stress Disorder (PTSD), the Board found it in the interest ofjustice to review your most recent application. In this regard, your current request has been carefully examined by a three-member panel of the Board for Correction ofNaval Records on 9 January 2017. The names and votes of the members ofthe panel will be furnished upon request. Documentary material considered by the Board consisted ofyour application and any material submitted in support of your application. After careful and conscientious consideration ofthe entire record, the Board determined that although you served honorably in Vietnam, your misconduct warranted the other than honorable characterization reflected on your discharge paperwork. The current Board noted that in your earlier petition (1987), you contended that you were suffering from PTSD. You were advised that your medical record was not available for review and afforded the opportunity to present evidence to support your contention. You did not provide such evidence in support ofyour earlier petition, nor did you raise the issue of PTSD or provide medical evidence in your current petition. The Board, however, reviewed the Secretary of Defense's Memorandum, "Supplemental Guidance to Military Boards for Correction of Military/Naval Records Considering Discharge Upgrade Request by Veterans Claiming Post Traumatic Stress Disorder" of 3 September 2014. The guidance directs that the Board give liberal and special consideration to treatment documentation of PTSD symptoms and medical determinations ofthe existence of service connected PTSD. The Board found that since it did not have treatment records indicating a PTSD diagnosis and subsequent medical care, it was unable to determine whether the application ofthe guidance was warranted. Please consider consulting the Veterans Administration or appropriate civilian providers to develop the evidence that you suffered from PTSD. In the absence ofsuch evidence, the Board relied on yout available record and concluded that your two NJPs, special court martial conviction, and request for other than honorable discharge to avoid a second court martial merited your current discharge characterization. Accordingly, your application has been denied. It is regretted that the circumstances of your case are such that favorable action cannot be taken again. You are entitled to have the Board reconsider its decision upon submission of new 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 of the Board is final, and your only recourse would be to seek relief, at no cost to the Board, from a court of appropriate jurisdiction. 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