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

Docket No: 548-16/ 8700-12 
DEC 22 2016 

Dear 

This is in reference to your latest reconsideration requests dated 14 November 2015 and 16 February 20 16. You previously petitioned the Board and were advised in our letter of 15 August 2012 that your application had been denied. Your case was reconsidered in accordance with Board for Correction ofNaval Records procedures that confonn to Lipsman v. Secretary ofthe Army, 335 F. Supp. 2d 48 (0.0 .C. 2004). 
Regarding your request for a personal appearance, Board regulations state that personal appearances before the Board are not granted as a right, but only when the Board detennines that such an appearance will serve some useful purpose. In your case, the Board detennined that a personal appearance was not necessary and considered your case based on the evidence of record. 

Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your application on its merits. Your current request has been carefully examined by a three-member panel of the Board for Correction ofNaval Records, sitting in executive session on 18 August 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 applications and any material submitted in support of your applications. 

After careful and conscientious consideration of the entire record, the Board determined that the 
new statements and evidence you provided were insufficient to establish the existence of 
probable material error or injustice. The Board gave liberal consideration to your assertion of 
post-traumatic stress disorder (PTSD), post-service conduct, and character reference letters, but 
concluded that these factors were not sufficient to warrant relief in your case given the 
seriousness of your drug-related misconduct. 

Your assertion of PTSD 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" of September 3, 2014. However, the Board was unable to conclude that PTSD existed at the time ofyour misconduct or that you lacked the mental responsibility for your actions, and it was their opinion that the seriousness ofyour drug-related misconduct outweighed any mitigation that would be offered by your PTSD contention. Additionally, there is no provision of law or in Navy regulations that allows for a discharge upgrade or recharacterization of service due solely to the passage oftime. Accordingly, your application must again be denied. 

It is regretted that the circumstances of your case are such that favorable action ca1mot be taken. In the absence ofsufficiently material evidence for reconsideration, the decision of the Board is final, and your only recourse would be to initiate action, at no cost to the Board, to a comi of appropriate jurisdiction. 

Sincerely, 

Executive Director