DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 96-16 OCT 03 2016 Dear , This is in reference to your application for correction ofyour naval record pursuant to the provisions of 10 USC 1552. Your case was reconsidered in accordance with procedures that conform to Lipsman v. Secretary of the Army, 335 F. Supp. 2d 48 (D.D.C. 2004). You were previously denied relief by the Board on 28 February 2002. A three-member panel of the Board for Correction ofNaval Records, sitting in executive session, considered your application on 8 September 2016. Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings ofthis Board. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record and applicable statutes, regulations and policies. However, after careful and conscientious consideration of the entire record, the Board determined that while your request does contain new information not previously considered by the Board, it does not warrant relief. Accordingly, your request has been denied. The names and votes ofthe members ofthe panel will be furnished upon request. The Board carefully considered your arguments that you suffered from Post-Traumatic Stress Disorder (PTSD) during your period ofactive duty and continue to suffer from the condition. Unfortunately, they did not agree with your rationale for relief. In order to qualify for a disability retirement, a service member must be unfit to perform the duties ofoffice, grade, rank or rating because ofdisease or injury incurred or aggravated while entitled to basic pay. Each case is considered by relating the nature and degree ofphysical disability of the member to the requirements and duties that member may reasonably be expected to perform in his or her office, grade, rank or rating. In your case, the Board noted that neither your Physical Evaluation Board record or service record contained a diagnosis for PTSD. In addition, the Board did not find evidence that you suffered an occupational impairment from PTSD while you were on active duty. Finally, the Board considered your separation physical and saw that you did not list any symptoms from PTSD on the Report of Medical History. Accordingly, the Board determined no error or injustice exists in your case and affirmed its previous decision to deny your request. 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 ofnew 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 this 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 of probable material error or injustice. Sincerely, Executive Director