Docket No: 8872-17/10536-16
									
Dear 

This letter is in reference to your reconsideration request dated 24 October 2017.  You previously petitioned the Board and were advised in our letters that your applications had been disapproved.  Your case was reconsidered in accordance with Board for Correction of Naval Records (Board) procedures that conform to Lipsman v. Secretary of the Army, 335 Supp. 2d 48 (D.D.C. 2004).  After careful and conscientious consideration of the entire record, the Board found the evidence submitted was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied.     

Accordingly, your request has been carefully examined by a three-member panel of the Board, sitting in executive session on 5 February 2019.  The names and votes of the members of the panel will be furnished upon request.  Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, relevant portions of your naval record, applicable statutes, regulations, and policies, as well as an Advisory Opinion (AO) dated 28 February 2018, a copy of which has been provided to you and which is enclosed.

After careful and conscientious consideration of the record, the Board found the evidence submitted was insufficient to establish the existence of probable material error or injustice.  The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and your contention that you suffered from post-traumatic stress disorder (PTSD) as a result of your naval experience. 

Your contention that you suffered from post-traumatic stress disorder (PTSD) 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 of 25 August 2017.

A Navy mental health professional reviewed your request and provided the Board with an AO dated 28 February 2018, regarding your assertion that you were suffering from PTSD.  The AO stated that you contend that you suffered PTSD due to maltreatment during your service in the Navy.  The AO noted that, despite a letter from this Board to you on 21 November 2017 requesting documentation to support your diagnosis of PTSD, no additional information has been received.  The AO explained that your service record indicates your first NJP pre-dated your assignment to     , where the alleged abuse occurred, and these instances of UA cannot be attributed to PTSD or a PTSD-related illness.  Further, according to the AO, while alcohol and drug use are associated with PTSD or a PTSD-related illness, intent to distribute marijuana is not.  The AO concluded that there is insufficient supporting documentation to conclude that you were suffering from PTSD or a PTSD-related disorder during your service in the Navy.

In accordance with the guidance, the Board gave liberal and special consideration to your record and the documentation you provided.  After applying these guidelines to the evidence in the case, the Board was not able to substantiate the existence of PTSD at the time of your misconduct.  The Board also noted that you failed to provide a rebuttal to the AO supporting your claim that you suffered from PTSD.  As a result, the Board was unable to substantiate your claim of PTSD at the time of your misconduct and it was their opinion that your misconduct outweighed your contention that you suffered from PTSD.  

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 of new matters.  New matters are those not previously presented to or considered by the Board.  In the absence of new matters, 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 of appropriate jurisdiction.

It is important to keep in mind that a presumption of regularity 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