DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TIR
Docket No: 7899-14
5 February 2015
This is in reference to your latest reconsideration request dated
18 June 2014. You previously petitioned the Board and were
advised in our letter that your application had been denied.
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 4 February 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 assertions of being
misrepresented by legal counsel, an unfair trial, having a head
injury, and suffering from Post-traumatic Stress Disorder (PTSD),
even though not previously considered by the Board, were
insufficient to establish the existence of material error or
injustice. The Board determined that your allegations were not
enough to outweigh the significant misconduct you committed while
serving on active duty. Accordingly, your application has been
denied.
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 Department of Veteran
Affairs determinations of the existence of service connected
PTSD. In addition, the Board provided liberal consideration to
finding PTSD where a service record substantiated the existerice
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,
It is regrettable that the circumstances of your case are such
that favorable action cannot be taken. You are entitled to have
the Board reconsider its decision upon submission of new and
material evidence within one year from the date of the Board’s
decision. New evidence is evidence not previously considered by
the Board prior to making its decision in your case. In this
regard, 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 record, the burden is on
the applicant to demonstrate the existence of material error or
injustice.
Sincerely,
ROBERT J. O‘’NEILL
Executive Director
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DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 30} S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 iad: Hoo SEOs Docket No: 5593-14 1° F aya" f 12 February AOL'S RK three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 February 2015. The BCD was approved at all levels of review and on 26 October 1969, you were 50 discharged The Board, in its review of your entire record and application, carefully...
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DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 7018S. A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 February 2015. 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.