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Decision Text

NAVY | BCNR | CY2002 | 09198-02
Original file (09198-02.pdf) Auto-classification: Denied
DEPARTMENT OF THE  NAVY 

BOARD  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   NAVY  ANNEX 

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

JRE 
Docket 
28 Apr 

No.  09198-02 
-1 2003 

This is in reference to your application for corr ction of your 
naval record pursuant to the provisions of title 
United States Code, section 1552. 

A three-member panel of the Board for Correction r;f  Naval 
Records, sitting in executive session, considered your 
application on 24 April 2003.  Your allegations of!  error and 
injustice were reviewed in accordance with administrative 
regulations and procedures applicable to the procc:edings  of this 
Board.  Documentary material considered by the Boiird consisted 
of your application, together with all material sl.:bmitted in 
support thereof, your naval record and applicable statutes, 
regulations and policies. 

After careful and conscientious consideration of t 
record, the Board found that the evidence submittc 
insufficient to establish the existence of probabl 
error or injustice. 

ne entire 
d was 
e material 

The Board found that you completed a Report of Medical History 
on 18 June 1975 in which you denied having a histciry of 
depression, excessive worry, and nervous trouble c;f any sort. 
There are three checkmarks in item 16 of that form, which 
pertains to a history of treatment for a mental disorder.  It 
appears that the final mark, which indicates a pocitive history 
of mental health treatment, was added at some time after the 
form was reviewed by the physician who conducted t.he 
examination, as he did not comment on the entry, z:.s he was 
required to do by governing directives.  On 19 June 1975, you 
completed a NAVPERS  Form 1130/2, Fraudulent Enlistment Warning, 
in which you specifically denied having a crimin-'  history or 

ever being under the care of a psychiatrist or ps!chologist. 
You enlisted in the Navy on 28 June 1975.  The report of an 
aptitude board, dated 28 July 1975, indicates that you had a 
history of emotional instability, and that you quit school at 
age 17 because you "got into trouble, had to join the Navy". 
You reported that you were "always nervous",  and :xould shake 
constantly and then become nauseated.  The aptitu'le board 
concluded that you were "inadequate", and that yo:.lr longstanding 
failure to respond effectively to various social, emotional and 
physical demands marked you as "unlikely to adapt successfully 
to the service."  On 30 July 1975, you were discharged by reason 
of unsuitability pursuant to the approved finding:;  and 
recommendation of the aptitude board.  You comp3~:ed  one month 
and three days of active service. 

The Board noted from records obtained from Departlxent of 
Veterans Affairs  (VA) that you received psychiatric care for a 
period of six months at age 10.  According to your report, you 
underwent that treatment because you refused to a.:.tend parochial 
school, and you were "fine" after you changed schi.)ols. Other 
records obtained from the VA indicate that in addj.tion to 
anxiety disorders, you suffer from a mixed person,~lity disorder 
with passive aggressive and inadequate elements. 

The Board was not persuaded that your anxiety dis0)rder was 
incurred in or aggravated by your brief period of service in the 
Navy. As noted above, you concealed your history 4)f psychiatric 
treatment when you applied for enlistment, which 1)recluded 
recruiting officials from accurately assessing yo.llr suitability 
for military  service.  The Board was not inclined to accept your 
representations to the effect that the treatment ::ou  received at 
age 10 was unrelated to the anxiety symptoms you clxperienced in 
the Navy, or that you had not experienced similar anxiety 
symptoms before you enlisted.  It noted that had -;ou submitted 
records of your pre-service psychiatric treatment to recruiting 
officials, you may very well have been disqualifitd from 
enlisting.  Although  it was clear to the Board thczt  you were 
unsuitable  for military service, it was unable to conclude that 
you were unfit  for duty by reason of physical disc+bility at the 
time of your discharge 

In view of the foregoing, your application has bec 
names and votes of the members of the panel will 1 
upon request. 

n denied.  The 
e  furnished 

It is regretted that the circumstances of your case are such 
that favorable action cannot be taken.  You are erititled to ! : i : - K :  

 he Board reconsider its decision upon submissior~ of new and 
material evidence or other matter not previously considered by 
the Board.  In this regard, it is important to k?:-ep in mind that 
a presumption of regularity attaches to all offi8:ial  records. 
Consequently, when applying for a correction of a n   official 
naval record, the burden is on the applicant to d2monstrate the 
existence of probable material error or injustic~ 

-  - 

Sincerely, 

W.  DEAN P F E I F :  
Executive Dirc 



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