DEPARTMENT OF THE NAVY 

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

Docket No: 5403-16 

Dear : 

This is in reference to your latest reconsideration request dated 26 May 2016. You previously 
petitioned the Board and were advised in our Jetter dated 4 November 2015 that your application 
was disapproved. Your case was reconsidered in accordance with Board for Correction ofNaval 
Records procedures that conform to Lipsman v. Secretary ofArmy, 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 ofjustice to review your most recent application based on the new 
evidence provided. In this regard, your current request has been carefully examined by a three
15 July 2016. 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 and application, the Board 
determined that your verification oftreatment at the Veterans Administration Center was 
insufficient to establish the existence ofprobable material error or injustice. 

Your assertion ofPTSD was carefully considered by the Board in light ofthe Secretary of 
Defense's Memorandum "Supplemental Guidance to Military Boards for Correction of 
Military/Naval Records Considering Discharge Upgrade Requests by Veterans Claiming PostTraumatic 
Stress Disorder" ofSeptember 3, 2014 and the Principal Deputy Under Secretary of 
Defense Memorandum "Consideration ofDischarge Upgrade Requests Pursuant to Supplemental 
Guidance to Military Boards for Correction ofMilitary/Naval Records (BCMRs/BCNR) by 
Veterans Claiming Post Traumatic Stress Disorder (PTSD) or Traumatic Brain Injury (TBI)" of 
24 February 2016. Although you provided verification that you are receiving "full disability for 
service related problems through SSI," you did not provide a PTSD diagnosis. Therefore, the 
Board was not persuaded that your assertion ofPTSD was enough to outweigh the seriousness of 
your misconduct. As a result, the Board concluded that the seriousness ofyour misconduct 
outweighed any mitigation that would be offered by the PTSD. 

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 within one year from the date of the Board's decision. New evidence is evidence not 
previously considered by the Board prior to making its decision in your case. In this regard, it is 
important to keep in mind that a presumption ofregularity 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 ofprobable material error or injustice. 

Sincerely, 


Executive Director