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

Docket No. 1329-17 
OCT 09 2017 

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 ofthe Army, 335 F. Supp. 2d 48 (D.D.C. 2004). You were previously denied relief by the Board on 21 May 2013. 

A three-member panel of the Board for Correction ofNaval Records, sitting in executive session, considered your application on 24 August 2017. The names and votes of the members of the panel will be furnished upon request. 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 ofyour application, together with all material submitted in support thereof, relevant portions ofyour naval record and applicable statutes, regulations and policies. However, after careful and conscientious consideration ofthe 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 Board carefully considered your arguments you were sexually assaulted while on active duty that was not properly treated by the Navy. You assert that based on this injustice, you deserve a disability discharge and an upgrade to your characterization ofservice. Unfortunately, the Board disagreed with your rationale for relief. First, the Board could find no evidence that you were not properly treated medically by the Navy after you reported your sexual assault. Medical records show that you received medical treatment based on your report of symptoms and there was no evidence presented that showed the standard of care was not met by the Navy. Second, there was no evidence presented that you suffered from any disability conditions as a result of your sexual assault that would have necessitated your referral to the Disability Evaluation System. Third, even ifa disability existed, your misconduct processing would have superseded any disability processing. Finally, the Board determined that you had a pattern ofmisconduct that existed prior to your reported sexual assault. So even considering the impact of the sexual assault on your last incident ofmisconduct that resulted in non-judicial punishment on 26 June 1992, the Board was unable to find an injustice to warrant an upgrade to your characterization of service. Accordingly, the Board determined no error or injustice exists in your case. · 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 of sufficient new and material evidence for reconsideration, the decision of the 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 or injustice. 

Sincerely, 
 
Executive Director