DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 548-19 Ref: Signature Date Dear : This is in reference to your application of 30 November 2018 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 that 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 5 May 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, relevant portions of your naval record, and applicable statutes, regulations, and policies. In addition, the Board considered the advisory opinion (AO) furnished by a qualified Navy mental health professional dated 9 December 2019, which was previously provided to you. You enlisted in the Navy and began a period of active duty on 17 June 1971. On 30 December 1971, you presented to medical personnel somatic complaints related to anxiety and admitted that you wanted to get out of the service. It was opined that your chances of completing a shipboard deployment were nil. You were diagnosed with having a Schizoid Personality. On 11 January 1972, you were evaluated for fitness for duty by a psychiatric clinic, found to be unsuitable for further service, and recommended for administrative separation. On 26 January 1972, you were notified of an administrative discharge action to separate you from the naval service for unsuitability. Your case was forwarded to the separation authority with the recommendation that you be separated in the best interest of the Navy. The separation authority directed that you be separated from the Navy due to unsuitability with the type warranted by your service record. On 7 February 1972, you were honorable discharged from the Navy. At that time, you were assigned a RE-4 (not recommended for reenlistment) reentry code. Your request was fully and carefully considered by the Board in light of the Secretary of Defense's 3 September 2014 memorandum, “Supplemental Guidance to Military Boards for Correction of Military/Naval Records Considering Discharge Upgrade Requested by Veterans Claiming Post Traumatic Stress Disorder,” the 25 August 2017 memorandum, “Clarifying Guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records Considering Requests by Veterans for Modification of their Discharge Due to Mental Health Conditions, Sexual Assault, or Sexual Harassment,” and the 25 July 2018 memorandum, “Guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records Regarding Equity, Injustice, or Clemency Determinations.” A mental health professional reviewed your request for correction to your record and provided the Board with an AO regarding your assertion that you were suffering from PTSD during your service. The AO noted that you petitioned the Board seeking to correct your reason for discharge “for being a homosexual” as he denies ever being a homosexual and “would like to get my record corrected before I die.” The AO noted that a review of available service medical records found a 30 December 1971, Mental Health Evaluation diagnosing you with a severe Schizoid Personality Disorder and an 11 January 1972, memo from the Medical Officer to your Commanding Officer recommending administrative separation. The AO also noted that there were no recorded acts or accusations of homosexuality in your service record. The AO concluded that there is sufficient evidence of a mental health condition during your military service to warrant correction of any reference to homosexuality as the basis for your administrative separation. The Board carefully weighed all potentially mitigating factors in your case, including your record of service and desire to have any reference to homosexuality removed from your record. The Board also considered your assertions that your RE-4 reenlistment code, is for being a homosexual. The Board did not change your RE-4 reenlistment code given the fact that you were discharge due to a diagnosed schizoid personality, and did not find an error or injustice in the record. Further, the Board concurred with the AO’s statement that there is sufficient evidence of a mental health condition during your military service to warrant correction of any reference to homosexuality as the basis for your administrative separation. The Board reviewed your record and did not find any reference to homosexuality. Therefore, the Board concluded that there was 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. Sincerely, 6/3/2020