DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 11462-19 Ref: Signature Date Dear : This is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552. After careful and conscientious consideration of the entire record, the Board for Correction of Naval Records (Board) found the evidence submitted was insufficient to establish the existence of probable material error or injustice. Consequently, your application has been denied. Although you did not file your application in a timely manner, the statute of limitation was waived in accordance with the 25 August 2017 guidance from the Office of the Under Secretary of Defense for Personnel and Readiness (Kurta Memo). A three-member panel of the Board, sitting in executive session, considered your application on 8 March 2021. The names and votes of the panel members 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, including the Kurta Memo, the 3 September 2014 guidance from the Secretary of Defense regarding discharge upgrade requests by Veterans claiming post-traumatic stress disorder (PTSD) (Hagel Memo), and the 25 July 2018 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice, or clemency determinations (Wilkie Memo). The Board also requested and reviewed a 1 February 2021 Advisory Opinion (AO) from a mental health professional. The Board determined that your personal appearance, with or without counsel, would not materially add to their understanding of the issues involved. Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. You enlisted in the Navy on 14 November 1979. On 19 December 1979, you were discharged from the Navy on the basis of fraudulent enlistment due to misconduct that existed prior to entry into service. You were assigned a general (under honorable conditions) characterization of service. In 1986, you submitted a petition for review of your discharge to the Naval Discharge Review Board (NDRB), contending that you were improperly discharged from the Navy due to homosexuality. On 28 March 1986, the NDRB denied your petition, finding that, although your record was incomplete, there was no evidence of record to support your contention that you were discharged due to homosexuality. Similarly, you petitioned this Board in 2012, and made a similar contention. This Board denied your petition on 7 November 2012, explaining that the factors you raised were not sufficient to warrant a change to your characterization of service, and that you were issued the appropriate reentry code for a discharge based on fraudulent enlistment. In your current petition, the Board carefully considered all potentially mitigating factors to determine whether the interests of justice warrant relief in your case including in accordance with the Hagel and Wilkie Memos. These included, but were not limited to, your desire to upgrade your discharge and change your reenlistment code, and your contention that you suffered from post-traumatic stress disorder (PTSD) related to combat. In connection with your contentions, the Board reviewed the 1 February 2021 AO. According to the AO, Petitioner’s in-service records do not contain evidence of a diagnosis of a mental health condition or psychological/behavioral changes, which may have indicated a mental health condition. Though Petitioner had presented evidence of post-discharge diagnoses of PTSD and Major Depression, these diagnoses were made twenty-three years after his discharge, and do not contain any clinical evidence linking them to his military service or circumstances of discharge. Accordingly, the AO concluded that, although you have a post-discharge diagnoses of Major Depressive Disorder and PTSD, the preponderance of available evidence failed to establish that you exhibited behaviors or psychological symptoms associated with PTSD during your military service, or that the circumstances of your discharge could be attributed to PTSD or other mental health conditions.” Based upon its review, the Board concluded the potentially mitigating factors you raised were insufficient to warrant relief. You served for approximately a month and six days, and there is no evidence that you served in combat while you were in the Navy. In addition, the Board relied upon the AO in determining that the circumstances of your discharge were not attributed to PTSD or other mental health conditions. Finally, the Board determined that your reentry code was appropriate given your apparent fraudulent enlistment. Accordingly, the Board determined that your request does not merit relief. 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 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 naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice. Sincerely, Executive Director