DEPARTMENT OF THE NAVY. 

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

Docket No: 8444-17 

Dear

This is in reference to your reconsideration request received on 3 October 2017. You previously 
petitioned the Board and were advised in our letter of30 June 2009, that your application had 
been denied. Your case was reconsidered in accordance with Board ofCorrection ofNaval 
Records 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 Board found the 
evidence submitted was insufficient to establish the existence ofprobable material error or 
injus!ice. Consequently, your application has been denied. 

Your current request has been carefully examined by a three-member panel ofthe Board for 
Correction ofNaval Records, sitting in executive session on 13 February 2018. The names and 
votes ofthe members ofthe 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. In addition, the Board considered the advisory opinion (AO) furnished by the 
Medical Cmps Doctor dated 21November2017, which was previously provided to you 
(enclosed). 

Your contention that you suffered from Post-Traumatic Stress Disorder (PTSD) was fully and 
carefully considered by the Board in light ofthe Secretary of Defense's Memorandum, 
"Supplemental Guidance to Military Boards for Correction ofMilitary/Naval Records 
Considerillg Discharge Upgrade Requested by Veterans Claiming Post Traumatic Stress 
Disorder" of3 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 oftheir Discharge Due to Mental Health Conditions, Sexual Assault, or Sexual 
Harassment" memorandum of25 August 2017. 

You presented as evidence an Psychiatricronsultants Evaluation dated 22 June 
2017, State Criminal Record Search dated 3 August 2017, State of 
Parole Commission Certificate ofunconditional Discharge, two character reference 
letters, pertaining to nerve damage diagnosis, Hospital Discharge Summary, History and Physical, 
Consultation Report, Operative Reports, Pathology Final Report, Imaging Department Report, 
Normal sinus rhythm with sinus arrhythmia Septal infarct, age undetermined report, PTSD 
Disability Benefits Questionnaire, and personal letter dated 6 December 2017. 

The AO dated 21November2017 noted that your misconduct and alcohol abuse was prior to 
your combat incident. The AO also noted that "it appears that the main Issue throughout this 
presentation is Alcohol abuse/dependence which could have contributed to misconduct". Further 
noted that you could have certainly developed PTSD afterwards which would have aggravated 
your alcohol use, however there was no supporting medical documentation to corroborate 
symptoms ofPTSD from 1965 to 2012. Lastly, the AO concluded that there was insufficient 
evidence to support your contention that your PTSD contributed to your misc<;mduct. 

The Board carefully weighed all potentially mitigating factors, such as desire to have your 
characterization ofservice changed and the new material evidence. Yim stated that after 
Vietnam you did not feel that you were able to cope with the military and wanted to get out of 
the military and was told that the easiest way to get out was to tell your superiors that you are 
gay, even though you are not. YOU also stated that after your discharge you enlisted again in 
1973 and during this enlistment your criminal history and prior discharge was found out and you 
were discharge. You claim that you suffer from PTSD because ofVietnam which was the cause 
ofthe problems you had. The Board concurred with the AO's statement that there was 
insufficient evidence to support your contention that your PTSD contributed to your misconduct 
and found that the seriousness and frequency ofyour misconduct, merited your receipt ofan 
other than honorable discharge. · 

Itis 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 ofsufficient new and material evidence for reconsideration, the 
decision ofthe 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 ofprobabkmaterial error or injustice. 

Sincerely, 


Executive Director