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



Docket No: 2166-19 
Date: Ref Signature 

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 your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your application on its merits.  A three-member panel of the Board, sitting in executive session, considered your application on 2 April 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, as well as applicable statutes, regulations, and policies. 

Your application was reviewed under the Don’t Ask, Don’t Tell Repeal Act of 2010, and the Under Secretary of Defense Memo of 20 September 2011 (Correction of military records following repeal of 10 U.S.C. §654), the Board can grant a request to upgrade a discharge that was based on homosexuality when two conditions are met: (1) the original discharge was based solely on “Don’t Ask Don’t Tell” (DADT) or similar policy, and (2) there were no aggravating factors such as misconduct. 

You enlisted in the Navy and began a period of active service on 28 September 1972.  On 19 January 1973, you underwent a medical evaluation.  You were diagnosed with passive dependent personality disorder, passive aggressive type with marked immature features; and you were recommended for administrative separation processing.  On 23 January 1973, you were notified of the intent to administratively separate you, at which point, you waived counsel.  On 29 January 1973, your commanding officer recommended your discharge by reason of unsuitability.  On 23 February 1973, you were discharged honorably by reason of unfitness. 

The Board carefully weighed all potentially mitigating factors, such as your desire to change your reenlistment code and your contention that you did not engage in homosexual activity.  The Board noted that you were not discharged by reason of homosexuality.  Consequently, the Board concluded your reenlistment code was proper as issued and no change is warranted.  The Board, in its review, discerned no probable material error or injustice in your discharge. 

It is regretted 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 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.