. DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 8957-17 Dear : This is in reference to your reconsideration request originally received on 24 March 2016. You previously petitioned the Board and were advised in our letter of24 April 2015, that your applications liad been closed be.cause your application was not filed in a timely manner. Your case was reconsidered in accordance with Board of Correction ofNaval Records procedures that conform to Lipsman v. Secretary ofthe Army. 335 f.Supp.2d 48 (D.D.C. 2004). After careful and conscientious reconsideration ofthe entire record, the Board found the evidence submitted was insufficient to establish the existence ofprobable material error or injustice. Consequently, your application is denied. B.ecause your application was submitted with new and material information that was not previously considered, the Board found it in the interest ofjustice to review your most recent application based on the new evidence provided. In this regard, your current request was carefully examined by a three-member panel ofthe Board for Correction ofNaval Records on 12 February 2018. The names and votes ofthe members ofthe panel will be furnished upon request. 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, the Department ofthe Navy Medical Corps officer's Advisory Opinion (AO) of24 November 2017, and your rebuttal to the AO, including the 26 December 2017 statement. During the 12 February 2018 proceedings, the Board reconsidered the contention that you suffered from Post-Traumatic Stress Disorder (PTSD). The contention was fully and carefully considered by the Board in light ofthe Secretary ofDefense's Memorandum, "Supplemental Guidance to Military Boards for Correction ofMilitary/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 August2017. A Medical Corps officer also reviewed your request for correction to your record and provided the Board with an AO dated 24 November 2017, regarding your assertion ofsuffering from Post Traumatic Stress Disorder (PTSD). The AO noted during in-service medical screenings you stated you were only interested in leaving your command and that you used cocaine after being coerced by friends while intoxicated. The AO also noted that although you presented information about receiving therapy since 2015, you did not provide post-service medical documentation that corroborates PTSD symptomology from 1993 to 2015. You were provided the AO .and given 30 days in which to provide a response or a rebuttal. You provided a response in December 2017, and contend that you have been suffering since 1992 from PTSD that was caused by your service in Operation Desert Storm. The Board considered your request for an upgrade to your other than honorable characterization ofservice and reviewed the information regarding your post-service civilian diagnosis as well as your personal statement recounting your participation in Operation Desert Storm and the impact that PTSD has had on your life since 1993. The Board disagreed with the AO and found that your civilian diagnosis coupled with your personal statement establishes that you suffered from service-connected PTSD. Nonetheless, the Board found based on the information you provided during the medical screenings in October 1992, you also appear to have been influenced by your dissatisfaction with your command and by peer pressure. The Board found that although you had service-connected PTSD, there was insufficient evidence to find that the PTSD was the primary contributor to your misconduct. The Board concluded that your infractions may have been the result ofpeer pressure and your frustration with your work situation. The Board weighed the nature ofyour misconduct, and considered your statement that you used cocaine because ofpeer pressure. Even taking PTSD into consideration as a mitigating factor, the Board found that the seriousness ofyour infractions, and the other contributing factors to your misconduct supported your other than honorable discharge characterization. It is regretted that the circumstances ofyour current 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 ofprobable material error or injustice. Sincerely, Executive Director