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

Docket No. 8923-19 
Ref: Signature Date 

Dear Mr. 

This letter is in reference to your reconsideration request dated 9 September 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, sitting in executive session, considered your application on 2 January 2020.  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. 

The Board carefully considered your arguments that you deserve an upgrade to your characterization of service based on your assertion that you were suffering from post-traumatic stress disorder (PTSD), depression, and substance abuse as a result of physical and sexual assaults that occurred while on active duty.  Unfortunately, the Board disagreed with your rationale for relief.  First, the Board found no evidence to support your assertion that you were suffering from a mental health condition while on active duty.  The Board relied on your 16 July 1992 drug dependency evaluation that did not find any mental health symptoms just prior to your discharge from the Navy. Second, the Board found no evidence to support your allegations of physical and sexual assault while in the Navy.  When combined with no mention of the assault allegations in your 2015 Board application as well as your attribution of a gunshot wound as the source of your PTSD in the 2015 application, the Board determined the preponderance of the evidence does not support a finding substantiating your assertions of assaults.  Third, based on the seriousness of your misconduct, the Board determined your drug use was a significant departure from conduct expected of a service member.  Therefore, when considered in conjunction with your brief period of active duty, they concluded your Other than Honorable characterization of service remains appropriate.  Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your record. 

Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issue(s) involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 

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. 

1/7/2020

Executive Director