DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
Docket No: 05144-16/ 10078-10 

MAY 22 2017 

Dear

This is in reference to your reconsideration request received on 8 June 2016. You previously 
petitionedthe Board and were advised in our letter of 11 July 2011, that your application had 
been denied. Your case was reconsidered in accordance with Board ofCorrection 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 a new assertion not previously considered, the 
Board found it in the interest ofjustice to review your most recent application based on the new 
assertion. The Board specifically considered your assertion that your other than honorable 
characterization ofservice warrants an upgrade because ofyour service in Vietnam and your 
exposure to Agent Orange. In this regard, your current request has been carefully examined by a 
thrn.e rriember panel of the Board for Correction ofNaval Records on 27 February 2017. The 
names and votes ofthe members ofthe panel will be furnished upon request. Documentary 
material considered by the Board consisted ofyour application and any material submitted in 
support ofyour application. 

After careful and conscientious consideration ofthe entire record, the Board determined that 
your assertion that you are entitled to an upgrade because ofyour service in Vietnam and your 
exposure to Agent Orange, is insufficient to warrant correction to your record. The Board noted 
that although you did contribute to the efforts in Vietnam and earned a Vietnam Service Medal 
with one bronze star, your record also reflects four nonjudicial punishments for failing to go to 
your appointed place ofduty, disrespect, and disobeying a lawful order. The Board concluded 
that your overseas service contributions do not outweigh your misconduct. The Board remarked 
on your service in Vietnam, and independently raised the issue ofpossible Post Traumatic Stress 
Disorder (PTSD). However, the Board determined that absent an assertion from you regarding 
PTSD or a diagnosis or medical documentation supporting PTSD, consideration for an upgrade 
to your service characterization under the PTSD guidance from the Secretary ofDefense, was 
not appropriate. Accordingly, your application has been denied. 

With respect to your statement about exposure to Agent Orange, the Board noted that veterans 
who served in Vietnam between 1962 and 1975, regardless oflength ofservice, may be eligible 
for the Agent Orange registry health exam. To determine if you are eligible, Veterans Affairs 
recommends contacting your local area Environmental Health Coordinator. Veterans Affairs 

Environniental Health Coordinators for the state of are as follows: 

In the absence of sufficient material evidence for reconsideration, the decision ofthe Board is 
final, and your only recourse is to initiate action, at no cost to the Board, to a court of appropriate 
jurisdiction. 

Sincerely, 


Executive Director