DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
‘Docket No. 07469-09
5 April 2010
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10 of the
United States Code, section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
_ application on 1 April 2010. 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, your naval record and applicable statutes,
regulations and policies.
After careful and conscientious consideration of the entire
record, the Board found that the evidence submitted was
insufficient to establish the cxlerence of probable material
error or injustice.
You enlisted in the Navy on 23 July 2002. On 12 September 2007
you were given diagnoses of Occupational Problem; Chronic Post
Traumatic Stress Disorder (Provisional); Nicotine Dependence;
and Personality Disorder Not Otherwise Specified, with
narcissistic and borderline features. You were considered
psychiatrically fit for full duty at that time, but unsuitable
for further service due to the effects of the personality
disorder. You were honorably discharged by reason of a
personality disorder on 4 October 2007. On 28 September 2009,
the Department of Veterans Affairs (VA) denied your request for
service connection for posttraumatic stress disorder, after
determining that the disorder was not related to your military
service.
In order to be separated or retired by reason of physical
disability, a service member must be found unfit to reasonably
perform the duties of his office, grade, rank or rating by
reason of physical disability. Although you were given a
provisional diagnosis of posttraumatic stress disorder while on
active duty, that condition was not considered unfitting. In
addition, a personality disorder is not considered to be a
Gisability under the laws administered by the Department of the
Navy.
In view of the foregoing, your application has been denied. The
names and votes of the members of the panel will be furnished
upon request.
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 and
material evidence or other matter not previously 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,
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