DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 9819-18 714-96 Ref: Signature Date This letter is in reference to your reconsideration request dated 11 June 2018. You previously petitioned the Board for Correction of Naval Records (Board) and were advised that your application had been disapproved. Your case was reconsidered in accordance with Board procedures that conform to Lipsman v. Sec’y 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 application 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 9 September 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 and all material submitted in support of your application. In addition, the Board considered a 13 May 2019 advisory opinion (AO) furnished by a qualified Navy mental health professional, which was previously provided to you. You presented as new evidence a Department of Veterans Affairs Statement in support of Claim form requesting that your previous request be reviewed. The Board determined that the information you provided, even though not previously considered by the Board, was insufficient to establish the existence of probable material error or injustice. You request an upgrade of your characterization of service on the basis that you suffered from a mental health condition during your 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 of 25 August 2017. A qualified Navy mental health professional reviewed your request for correction to your record and provided the Board with an AO regarding your assertion you were suffering from a mental health condition during your service. The AO noted that in September 1996, the Board considered your discharge. In that request for review, you did not make claims regarding your hand being intentionally burned, but stated you were not cut out for military life. The AO explained that, in your current request for review, you submitted a personal statement that your drill sergeant placed a hot iron on your hand during boot camp, which resulted in a mental health condition and your subsequent misconduct. The AO noted that no other records were available for review and that you have submitted no medical records noting a mental health diagnosis. Thus, according to the AO, there is insufficient information to determine whether your 203 days of unauthorized absence (UA) should be attributed a mental health condition. The AO further explained that, additional information, such as post-service medical records documenting your mental health symptoms and their specific link to your in-service misconduct, are required to render an alternate opinion. The AO concluded that, at this time, based on the available evidence, there is insufficient evidence to attribute your misconduct to a mental health condition. The Board carefully weighed all potentially mitigating factors, such as your record of service, and desire to upgrade your discharge. The Board also considered your assertions that your drill instructor told you to place your hands on a table, and took a hot iron and placed it one of your hands. Additionally, that he threatened you and six others, and had them sign statements saying that the iron fell on your hand and that you believe the incident messed with your mental psyche, which led to you going UA. The Board concluded these factors and assertions were not sufficient to warrant changing your characterization of service given your misconduct. Further, the Board concurred with the AO’s statement that based on the available evidence, there is insufficient evidence to attribute your misconduct to a mental health condition. It is regretted that the circumstances of your reconsideration petition 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 new matters for reconsideration, 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. 10/3/2019