Docket No: 2598-18 Ref: Signature Date Dear This is in reference to your reconsideration request. You previously petitioned the Board for Correction of Naval Records (Board) and were advised that your application had been denied. Your case was reconsidered in accordance with Board procedures that conform to Lipsman v. Secretary of the Army, 335 F. 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 reconsideration request has been denied. Because your application was submitted with new evidence not previously considered, the Board found it in the interest of justice to review your application. Your current request has been carefully examined by a three-member panel of the Board, sitting in executive session on 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 and all material submitted in support of your application. In addition, the Board considered the advisory opinion (AO) furnished by a qualified Navy mental health professional, dated which was previously provided to you and is enclosed. You requested an upgrade to your characterization of service on the basis that you were suffering from post-traumatic stress disorder (PTSD) at the time of your military service. Your request was fully and carefully considered by the Board in light of the Secretary of Defense’s 3 September 2014 memorandum, “Supplemental Guidance to Military Boards for Correction of Military/Naval Records Considering Discharge Upgrade Requested by Veterans Claiming Post Traumatic Stress Disorder” of, the 25 August 2017 memorandum “Clarifying Guidance to Military Discharge Review Boards 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,” and the 25 July 2018 memorandum, “Guidance to Military Discharge Review boards and Boards for Correction of Military/Naval Records Regarding Equity, Injustice, or Clemency Determinations.” A qualified Navy mental health professional also reviewed your request for correction to your record regarding your assertion of suffering from PTSD. According to the AO, there is insufficient information to render an opinion on whether PTSD should be attributed to your military service. Specifically, the AO noted that you provided no post-service treatment records reflecting a diagnosis of PTSD, you provided no statement regarding your traumatic exposure, and your nonjudicial punishment (NJP) in was prior to your deployment on the and cannot be attributed to PTSD. In addition, the AO found that there is insufficient information regarding your NJPs in to attribute your misconduct to PTSD. The AO further stated that post-service treatment records describing your PTSD symptoms and their specific relationship to your military misconduct are needed to render an opinion as to whether your misconduct should be attributed to PTSD. Thus, the AO determined that, based on the available evidence, there is insufficient evidence to attribute your misconduct to PTSD. The Board carefully weighed all potentially mitigating factors, such as the AO, your prior honorable service, your desire to upgrade your character of service, and contention of suffering from PTSD as a reason for your misconduct. The Board also considered your assertions that you had served honorably, reenlisted, and that your discharge under other than honorable (OTH) conditions was a result of undiagnosed PTSD stemming from your time in the The Board concurred with the AO and found insufficient evidence to support your contention that you had service connected PTSD which contributed to your misconduct. 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 the submission of new matters, which will require you to complete and submit a new DD Form 149. New matters are those not previously presented to or 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 BCNR, 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.