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

Docket No: 348-1 6/ 

DEC 2 2 2016 


Dear 

This is in reference to your latest reconsideration requests received on 7 January 2016 and 28 April 2016. You previously petitioned the Board and were advised in our letter of 17 October 2011 that your application had been denied. Your case was reconsidered in accordance with Board for CotTection ofNaval Records procedures that confo1m to Lipsman v. Secretary of the Army, 335 F.Supp. 2d 48 (D.D.C. 2004). 

Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute oflimitations and consider your application on its merits. Your current request has been carefully examined by a three-member panel of the Board for 
CotTection ofNaval Records, sitting in executive session on 18 August 2016. The names and votes of the members ofthe panel will be furnished upon request. Documentary material ... :n:idn~d by th~ Board consi tc:-~ "l::·v:..;r a~rlic1~i0ns ;:.11d .my maten'11 su mitted in su;1IJOfL 0[ your applications. 

After careful and conscientious consideration of the entire record, the Board determined that the new statements and therapy session notes you provided were insufficient to establish the existence ofprobable material error or injustice. The Board gave liberal consideration to your assertion ofbeing framed with possession of marijuana and your assertion of post-traumatic stress disorder (PTSD), but concluded that these factors were not sufficient to warrant relief in your case given the seriousness ofyour repeated misconduct, which included five separate nonjudicial punishments, two of them resulting from drug-related misconduct, and a conviction by a special court-martial for unauthorized absence. 

Your assertion ofPTSD, which was not overtly made in your statements but was discussed in the therapy session notes you submitted, was carefully considered by the Board in light of the Secretary ofDefense's Memorandum "Supplemental Guidance to Military Boards for CotTection of Military/Naval Records Considering Discharge Upgrade Requests by Veterans Claiming Post­Traumatic Stress Disorder" ofSeptember 3, 2014. However, the Board was unable to conclude that PTSD existed at the time of your misconduct 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. 

It is regretted that the circumstances ofyour case are such that favorable action cannot be taken. You are entitled to have the Board reconsider its decision upon submission of new and material 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 your case. For example, in your case, you should include any medical, clinical, or other documentary material regarding any military sexual trauma (MST) triggering events, or other service-related trauma or PTSD in your reconsideration request. In this regard, it is important to keep in mind that a presumption of regularity 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 of probable material error or injustice. 

Sincerely, 

Executive Director