DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No:  787-19 7196-13 
Ref:  Signature Date 

Dear : 

This letter is in reference to your reconsideration request dated 26 December 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 12 May 2020. 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 27 September 2019 advisory opinion (AO) furnished by a Navy mental health professional, which was previously provided to you. 

You presented as new evidence, a letter of support from your daughter and a September 2018 mental health status assessment conducted by your daughter.  According to the mental health status assessment, you have a diagnosis of post-traumatic stress disorder (PTSD) with a secondary diagnoses of specific phobia, situational type, and tobacco use disorder, severe. According to your daughter’s letter, your PTSD stems from your six month imprisonment in the brig. Additionally, you assert that your mental health status was not thoroughly evaluated prior to your discharge.  After careful and conscientious consideration of the entire record, the Board determined that the new evidence you provided, even though not previously considered by the Board, was insufficient to establish the existence of probable material error or injustice and thus not material. 

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 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,” 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 Navy mental health professional further reviewed your request for correction to your record and provided the Board with an AO regarding your assertion that you were suffering from PTSD during your service.  The AO noted that you have a diagnosis of PTSD, however, there is insufficient evidence to attribute your misconduct to PTSD.  Prior to your confinement, you had four periods of unauthorized absence (UA), and you wrongfully possessed and transferred marijuana.  These infractions cannot be attributed to PTSD incurred from confinement.  Additionally, it is difficult to attribute the writing and passing of bad checks to PTSD.  Based on the preponderance of the evidence, it was opined that there is insufficient evidence to attribute your misconduct to a mental health condition incurred during military service. 

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. 

Sincerely,