DEPARTMENT OF THE NAVY 

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

Docket No: 5227-17/ 
5929-12 

JUL 1 1 2018 


This is in reference to your reconsideration request received on 13July 2017. You previously 
petitioned the Board for Correction ofNaval Records (BCNR) and were advised that your 
application had been denied. Your case was reconsidered in accordance with BCNR procedures 
that conform to Lipsman v. Secretary ofthe Army, 335F.Supp.2d 48 (D.D.C. 2004). After 
careful and conscientious consideration ofthe entire record, the BCNR found the evidence 
submitted was insufficient to establish the existence of probable material error or injustice. 
Consequently, your reconsideration request has been denied. 

Because your application was submitted with new evidence not previously considered, the 
BCNR found it in the interest ofjustice to review your application. Your current request has 
been carefully examined by a three-member panel of the BCNR, sitting in executive session on 
23 April 2018. The names and votes ofthe members of the panel will be furnished upon request. 
Documentary material considered by the BCNR consisted of your application and all material 
submitted in support ofyour application. In addition, the BCNR considered the advisory opinion 
(AO) furnished by a qualified Mental Health Professional, dated 30 November 2017, which was 
previously provided to you and is enclosed. 

You presented as evidence, a personal statement dated 6 June 2017, and a letter from Senator   
dated 6 January 2017. After careful and conscientious consideration ofthe entire record, 
the BCNR determined that the documentation that you provided, even though not previously 
considered by the BCNR, was insufficient to establish the existence ofprobable material error or 
injustice. 

You request an upgrade to your characterization of service on the basis that you were suffering 
from Post-Traumatic Stress Disorder (PTSD) at the time ofyour military service. Your request 
was fully and 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 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 of Military/Naval Records Considering Requests by Veterans 
for Modification of their Discharge Due to Mental Health Conditions, Sexual Assault, or Sexual 
Harassment" memorandum of25 August 2017. 

A qualified Mental Health Professional also reviewed your request for correction to your record 
and provided the Board with an AO dated 26 April 2017, regarding your assertion of suffering 
from PTSD. The AO noted that you did not include details or dates ofan alleged traumatic 
incident, there are no performance scores for review, and in-service medical records do not 
support a diagnosis of PTSD. Further, there is no post-service medical documentation available 
for review. The AO concluded that based on the preponderance of the evidence; there is 
insufficient evidence to support your contention you suffered from PTSD at the time of your 
service. 

The Board carefully weighed all potentially mitigating factors, such as the AO, your desire to 
upgrade your character of service, contention of suffering from PTSD as a reason for your 
misconduct, that you were young and did not realize that requesting a discharge was not in your 
best interest, and that all that you saw was a release from your responsibilities, and you took it. 
The Board concurred with the AO statement that there was insufficient evidence to support your 
contention that you had service connected PTSD which contributed to your misconduct. Even 
under the liberal consideration standard, the Board found that the seriousness ofyour misconduct 
merited your receipt ofan OTH discharge. 

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

Sincerely, 



Executive Director