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NAVY | BCNR | CY2014 | NR11609 14_Redacted
Original file (NR11609 14_Redacted.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

 

EGA
Docket No: 11609-14
29 June 2015

 

 

This is in reference to your latest reconsideration request
dated 22 October 2014. You previously petitioned the Board on
several occasions and were advised in our letters that your
applications had been denied.

Although your application was submitted without any 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 for
Correction of Naval Records, sitting in executive session on

26 June 2015. 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 any material
submitted in support of your application.

After careful and conscientious consideration of the entire
record, the Board determined that the statements you provided
and assertion of post-traumatic stress disorder (PTSD) as a
reason for your misconduct, even though not previously
considered by the Board, was insufficient to establish the
existence of probable material error or injustice.

Your assertion of PTSD was 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 Requests by Veterans
Claiming Post-Traumatic Stress Disorder” of september 3, 2014.
The Board was unable to substantiate your claims of PTSD at the
time of your misconduct and you provided no evidence other than a
post service PTSD diagnosis. Based on the guidelines of the
memo, the Board determined insufficient evidence exists for a
finding of PTSD. In addition, it was their opinion that the
seriousness of your misconduct outweighed any mitigation that
would be offered by the PTSD. Accordingly, your application must
again be denied. In this regard, the Board found that your
contentions are insufficient to warrant further consideration in
your case. In the absence of sufficiently material evidence for
reconsideration, the decision of the Board is final, and your
only recourse would be to initiate action, at no cost to the

Board, to a court of appropriate jurisdiction.

Sincerely,

   

 

 

ROBERT J. O'’NEILI
Executive Director

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