DEPARTMENT OF THE NAVY 

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

Docket No: 6056-16 
DEC 22 2016 

Dear 

This is in reference to your recent reconsideration request. You previously petitioned the Board 
and were advised in our letter of27 September 2012 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 ofthe Army, 335 F. Supp. 2d 48 (D.D.C 2004). 

Your current request has been carefully examined by a three-member panel ofthe Board for 
Correction ofNaval Records, sitting in executive session on 24 August 2016. Documentary 
material considered by the Board consisted ofyour Application for Correction of Military Record 
(DD Form 149), any material submitted in support of your application, and your prior case file. 

After careful and conscientious consideration ofthe entire record, the Board determined your 
correspondence, even though not previously considered by the Board, was insufficient to 
establish the existence ofmaterial error or injustice. Additionally, The Board considered your 
combat service in Vietnam in 1965 and 1966, you being wounded in action by a grenade in the 
DMZ, and your return back to Vietnam in 1968. The Board determined that your explanation of 
the circumstances leading up to your special courts-martial (SPCM) and assertion of suffering 
from post-traumatic stress disorder (PTSD) was not enough to outweigh the significant 
misconduct you committed while on active duty that resulted in nonjudicial punishment and two 
SPCMs. Accordingly, your application has been denied. The names and votes ofthe members 
ofthe panel will be furnished upon request. 

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. The memorandum recognizes that these 
Boards are not investigative bodies, but provides supplemental guidance to assist the Boards in 
reaching fair and consistent results when considering whether medical or other evidence indicates 
PTSD may have contributed to or mitigated the circumstances ofa veteran's discharge from the 
military. However, the Board concluded the information in your service record and statement 
you provided was not enough to substantiate your claim ofPTSD at the time ofyour misconduct. 
The Board further concluded that, even ifPTSD existed at the time ofyour discharge, the 
seriousness ofyour misconduct outweighed any mitigation that would be offered by the PTSD. 

Regarding your concern about eligibility for healthcare whether or not you are eligible for 
benefits is a matter under the cognizance ofthe Department ofVeterans Affairs (DVA), and you 
should contact the nearest office ofDVA concerning your right to apply for benefits. 

It is regrettable 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 ofnew and material 
evidence within one year from the date ofthe 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 of regularity attaches to all official record, the 
burden is on the applicant to demonstrate the existence of material error or injustice. 

Sincerely, 


Executive Director