DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 801-16 Dear This is in reference to your latest reconsideration request dated 29 January 2016. You previously petitioned the Board and were advised in our letter of 30 March 2015 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 of the Army, 33F.Supp.2d 48 (D.D.C 2004). Your current request has been carefully examined by a threemember panel of the Board for Correction of Naval Records, sitting in executive session on 19 February 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 application and any material submitted in support of your application. After careful and conscientious consideration of the entire record, the Board determined that the new statements and post service post-traumatic stress disorder (PTSD) diagnosis you provided were insufficient to establish the existence of probable material error or injustice. The Board gave liberal consideration to your PTSD assertion, but was unable to conclude that PTSD existed at the time of your misconduct. In addition, the Board concluded that these factors were not sufficient to warrant relief in your case, given the seriousness of your repeated misconduct. Your assertion of PTSD was carefully considered by the Board in light of the Secretary of Defense's Memorandum "Supplemental Guidance to Military Boards for Correction of Military/Naval Records Considering Discharge Upgrade Requests by Veterans Claiming Post-Traumatic Stress Disorder" of September 3, 2014. However, after a review of the entire record and the circumstances surrounding your separation, the Board found insufficient evidence to support your assertion that PTSD may have caused your misconduct. As a result, the Board was unable to substantiate your claims of PTSD and it was their opinion that the seriousness of your misconduct outweighed any mitigation that would be offered by the PTSD. Accordingly, the Board concurs with the previous Board decision and your application has been denied. In this regard, the Board found that your contentions are insufficient to warrant further consideration in your case. In the absence of sufficiently 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 court of appropriate jurisdiction. Sincerely, Executive Director