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Decision Text

NAVY | BCNR | CY2002 | 00864-02
Original file (00864-02.pdf) Auto-classification: Denied
DEPARTMENT  OF THE  NAVY 

B O A R D   F O R   C O R R E C T I O N   O F   N A V A L   R E C O R D S  

2  N A V Y   A N N E X  

W A S H I N G T O N   D C   2 0 3 7 0 - 5 1 0 0  

JRE 
Docket No:  864-02 
20 March  2002 

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  14 March  2002.  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 existence of  probable material error or 
injustice. 

The Board  found that you  underwent a pre-enlistment physical examination on  15 April 
1991.  You  specifically denied a history of  nervous trouble of  any sort.  You  enlisted in the 
Navy  on  7 May  1991.  On  3 February  1992, a  medical  board  gave you  diagnoses of  simple 
phobia and dependent and avoidant personality  traits,  which  existed prior  to your enlistment, 
and  were not aggravated by  your  service.  The medical  board  report indicates that  you 
had  been  unable to endure close and confined  spaces since your  mother locked you  in  a dark 
room  when  you  were a small child.  You  reported  that  you  experienced a panic-like reaction 
manifested by  heart palpitations, sweating, and  nervousness, with an  overwhelming avoidant 
response to the exclusion of  everything else.  The medical  board  determined that  you  did not 
meet  the  minimum  standards for enlistment, and  that you  were unfit  for further service.  You 
were discharged on  13 March  1992, without entitlement to disability benefits administered by 
the Department of  the Navy.  You  were assigned a reenlistment code of  RE-4,  as permitted 
by  governing directives. 

The Board  rejected  your contention that the symptoms described in  your  medical board 

report  were caused by  an ear  infection.  It is clear that you  had  those symptoms before you 
enlisted,  and  that  you  fraudulently procured  your enlistment by  concealing your history of 
claustrophobia.  That condition  precluded  you  from  serving in  the Navy.  The Board  was  not 
persuaded  that  you  are qualified or suitable for further  service,  notwithstanding your 
contention that  you  no  longer suffer from  the symptoms which  resulted  in  your discharge. 
Accordingly,  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, 

W.  DEAN  PFEIFFER 
Executive Director 



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