DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
ES
Docket No: 13226-14
11 May 2015
This is in reference to your latest reconsideration request
dated 20 November 2014. You previously petitioned the Board on
several occasions and were advised in our letters that your
applications had 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 for
Correction of Naval Records, sitting in executive session on
8 May 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 your assertion of post-
traumatic stress disorder (PTSD) and the letter you provided
from the Department of Veterans Affairs (DVA) 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 that you suffered from PTSD 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 Requests by Veterans Claiming Post Traumatic Stress
Disorder” of September 3, 2014. In accordance with the
guidance, the Board gave liberal and special consideration to
treatment record documentation of PTSD symptoms and DVA
determinations of the existence of service connected PTSD. In
addition, the Board provided liberal consideration to finding
PTSD where a service record substantiated the existence of PTSD
symptoms or when a civilian provider diagnosed PTSD. After
applying these guidelines to the evidence in the case, the Board
was not able to substantiate the existence of PTSD in your case.
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'NEILL
Executive Director
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