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 relevant portions of your naval record and your application, 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 case on its merits.  A three-member panel of the Board, sitting in executive session, considered your application on 16 July 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 and applicable statutes, regulations and policies.  In addition, the Board considered the advisory opinion contained in Psychiatric Advisor CORB letter 1910 CORB: 002 of 5 May 2020 and Director CORB letter 1910 CORB: 001 of 8 May 2020 along with your response to the opinion. 
 
A review of your record shows that you entered active duty with the Marine Corps in March 1968.  You were referred to mental health after a loss of visual acuity for which no apparent underlying cause could be determined.  As a result, you were diagnosed with a schizoid personality disorder and referred to a medical board.  On 18 July 1969, the medical board concurred with the schizoid personality diagnosis but also diagnosed you with Psychoneurotic Conversion Reaction and Exotropia.  After determining all three conditions preexisted your entry into the Marine Corps, you were recommended for separation without disability benefits.  You were discharged on 8 September 1969 pursuant to your medical board findings.  Post-discharge, the Department of Veterans Affairs (VA) has denied your request for a service connection for all your disability conditions except tinnitus and bilateral hearing loss.   
 
The Board carefully considered your arguments that you deserve to be placed on the disability retirement list for anxiety and depression in 1969.  You allege the medical board misdiagnosed you with a preexisting conversion reaction and personality disorder.  Unfortunately, the Board disagreed with your rationale for relief.  In making their findings, the Board substantially concurred with the advisory opinions.  Specifically, the Board agreed with the opinion that your conversion disorder, now called Amblyopia, was properly diagnosed as a preexisting condition based on your childhood medical history.  Additionally, your schizoid personality disorder was similarly properly diagnosed based on post-discharge medical evidence that documents you possess a personality disorder.  The Board relied on your preservice medical history as documented in the medical board report as well as your VA mental health examinations that document the continued existence of your personality disorder.  Further, the Board was not convinced by your argument that your disability conditions was aggravated by your Marine Corps service.  In order to qualify for service aggravation, a disability condition must progress beyond its normal progression while a member is on active duty.  In your case, your preservice medical history documents that your Amblyopia and personality disorder symptoms were significant prior to your enlistment in the Marine Corps.  In the Board’s opinion, your symptoms were consistent with your preservice symptoms.  Therefore, based on the preponderance of the evidence, a finding of service aggravation is not supported.  The Board also noted the VA determination that your mental health conditions were exacerbated by your arrest and incarceration for pedophilia related misconduct rather than any traumatic events associated with your active duty service.  This was additional evidence that persuaded the Board that your claimed mental health conditions were not unfitting at the time of your discharge from the Marine Corps.  Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your record.   
 
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 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, 
7/20/2020