DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 DocketNo:1594-21 Ref: Signature Date Dear Petitioner: 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 limitations 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 23 August 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, to include 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). Additionally, the Board considered a 24 May 2021 advisory opinion (AO) furnished by qualified mental health provider, a copy of which you were provided and to which you did not provide a response. You enlisted in the Navy and commenced a period of active duty on 12 October 1972. On 1 March 1973, you received a written counseling explaining that that you received a mark of 2.8 in professional performance due to need for supervision. From 4 to 23 May 1973, you were admitted to Naval Hospital, where you were evaluated for psychiatric conditions. As a result of the psychiatric evaluation, you were diagnosed with a personality disorder and it was recommended that you be discharged from the Navy due to unsuitability. On 29 May 1973, your commanding officer recommended that you be discharged with a characterization of service that was warranted by your service record. On 31 May 1973, you were discharged with a general (under honorable conditions) characterization of service. This characterization of service was based on your performance marks while on active duty and is not considered a discharge based on misconduct. In 1973, you filed an application with the Naval Discharge Review Board (NDRB) seeking an objective review of your discharge. You contended that you were emotionally and mentally unbalanced, which manifested itself in your performance. On 30 May 1974, the NDRB denied your application. The Board carefully considered all potentially mitigating factors in your petition to determine whether the interests of justice warrant relief in your case including in accordance with the Wilkie Memo. You contend in your petition that, while you were in the Navy, you were continuously harassed by the crew members of your ship after you declined to participate in carrying ordnance after you were told that your ship was bombarding civilian villages. You stated that you were a young man, still very much influenced by your Catholic upbringing, and you had a moral issue with what you had been told to do. You stated that some members of the ship’s crew spit in your food and otherwise treated you poorly, such that, due to the constant harassment, you hid in the ship’s video room much of the time subsisting on jars of honey, which caused you to lose weight and not perform your duties as you would have preferred. In connection with your assertion of a mental health condition, the Board reviewed the AO, which found that: Petitioner’s in-service records contained evidence of a diagnosis of a personality disorder and it was noted Petitioner experienced ‘episodic hypomania and depression.’ Given the personality disorder diagnosis and noted mental health symptoms of hypomania and depression without further information, any attempt to differentiate symptoms/behaviors attributable to the personality disorder versus the possible mental health condition(s) is purely speculative. The AO concluded that the “there is sufficient evidence Petitioner exhibited behaviors associated with a mental health condition during his military service; however, the preponderance of available objective evidence failed to establish his in-service misconduct could be mitigated by a mental health condition.” Based upon its review, the Board concluded the potentially mitigating factors that you raised were insufficient to warrant relief. The Board concurred with the findings of the AO. The Board observed that you did not commit misconduct during your enlistment, rather, you were discharged due to your unsuitability and you were assigned a characterization of service that was appropriately based on your service record. As a result of these factors, the Board determined that there was no error or injustice in the assignment of your discharge characterization and thus, 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, 9/13/2021 Executive Director