DEPARTMENT OF THE NAVY 

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

Docket No: 7935-16/ 3773-14 
JAN 09 2018 

Dear 

This is in reference to your recent reconsideration request. You previously petitioned the Board 
and were advised in our letter of 14 November 2014 that your application had been denied. Your 
case was reconsidered in accordance with Board for Correction ofNaval 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 6 December 2017. Documentary 
material considered by the Board consisted ofyour Application for Correction ofMilitary 
Record (DD Form 149), any material submitted in support ofyour application, your prior case 
file, and a BUMED Advisory Opinion dated 20 November 2017, a'copy ofwhich is being 
provided to at this time. 

Your contention that you suffered from PTSD was fully and carefully considered by the Board in 
light ofthe Secretary ofDefense's Memorandum, "Supplemental Guidance to Military Boards 
for Correction ofMilitary/Naval Records Considering Discharge Upgrade Requested by 
Veterans Claiming Post Traumatic Stress Disorder" of 3 September 2014 and the "Clarifying 
Guidance to Military Discharge Review Board and Boards for Correction ofMilitary/Naval 
Records Considering Requests by Veterans for Modification oftheir Discharge Due to Mental 
Health Conditions, Sexual Assault, or Sexual Harassment" memorandum of25 August 2017. 
The memoranda 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 statements you provided were 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. 

After careful and conscientious consideration ofthe entire record, the Board determined your 
correspondence including the witness statement from , even though not previously 
considered by the Board, were insufficient to establish the existence ofmaterial error or injustice. 
The Board determined that your contention that you had no knowledge ofusing a controlled 
substance and that you suffered with post-traumatic stress disorder (PTSD), while serving in the 
Navy, was not enough to outweigh the misconduct you committed that resulted in wrongful drug 
use in light ofthe Navy's policy of"zero tolerance". Accordingly, your application has been 
denied. The names and votes ofthe members ofthe panel will be furnished upon request. 

It is regretted that the circumstances ofyour reconsideration petition are such that favorable 
action cannot be taken again. You are entitled to have the Board reconsider its decision upon the 
submission ofnew and material evidence. New evidence is evidence not previously considered 
by the Board. In the absence ofsufficient new and material evidence for reconsideration, the 
decision ofthe Board is final, and your only recourse would be to seek relief, at no cost to the 
Board, from a court ofappropriate jurisdiction. 

It is important to keep in mind that a presumption ofregularity attaches to all official records. 
Consequently, when applying for a correction ofan official naval record, the burden is on the 
applicant to demonstrate the existence ofprobable material error orinjustice. 

Sincerely, 


Executive Director