Docket No: 5143-19 
Ref: Signature Date 

Dear   
 
This letter is in reference to your reconsideration request dated 15 May 2019.  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.      
 
A three-member panel of the Board for Correction of Naval Records (Board), sitting in executive session, considered your application on 7 October 2019.  The names and votes of the members of the panel will be furnished upon request.  Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board.  Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, relevant portions of your naval record, and applicable statutes, regulations, and policies.   
 
You enlisted in the Navy and began a period of active duty on 17 June 1975.  You served honorably until your discharge on 31 May 1979, when you were released from active duty and transferred to the Naval Reserves.  You received an honorable discharge at the end of your reserve service obligation on 16 June 1981.  You contend that in July 1979, you were assaulted by a first class petty officer when he hit you in the chest with a rifle.  You further claim that no one in the Medical Department would report the injury, and that you have suffered pain off and on throughout the years as a result of the assault. 
 
You request reconsideration of , a previously denied petition to the Board.  You ask for a medical evaluation to determine Medical Disability and you seek compensation for your injury related to the assault and battery.  You state that you were also subjected to racial discrimination and that you suffer from Post Traumatic Stress Disorder (PTSD) due to what was 
done to you.  You cite symptoms of nightmares, hatred, anger, moodiness, and unpredictable behavior.     
 
The Board noted that your March 2018 health records reflect Atypical Chest Pain and PTSD, and that Veterans Affairs has granted you a combined service-connected disability rating of 90% to include migraine headaches at 50%, tinnitus at 10%, psoriasis at 60%, impaired hearing at 30%, and facial scars at 0%.  Progress notes from April 2019 reflect your participation in and near completion of PTSD 101 group.  The Board evaluated the information in your service record and the documents you provided for reconsideration and found that the evidence does not establish that you were unfit for duty at the time of your military service or that you were discharged due to a medical condition or disability.  Your 21 May 1979 discharge indicates that you were recommended for reenlistment and that you received a reentry (RE) code of RE-1.  Furthermore, your record does not reflect a trait average below 3.0 during your enlistment.  Given that your military record indicates that you were performing your duty during the time of your military service, the Board concluded that a Medical Evaluation for Medical Disability and compensation was not appropriate while you were in the Navy.  Even in consideration of your post-discharge health issues to include PTSD, the Board found that your fitness for duty does not appear to have been impacted while you were service in the Navy.  Accordingly, the Board determined that your record does not reflect an error or an injustice. 
 
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.