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NAVY | BCNR | CY2004 | 02188-04
Original file (02188-04.rtf) Auto-classification: Denied
                  DEPARTMENT OF THE NAVY
         BOARD FOR CORRECTION OF NAVAL RECORDS
                                              2 NAVY ANNEX
 WASHINGTON DC 20370-5100

                                                                                 JRE
                                                                                 Docket No. 02188-04
                                                                                 13 August 2004


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 29 July 2004. 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 reenlisted in the Navy on 26 October 1995 after a short break in active service. You were discharged on 30 October 1996 by reason of a personality disorder. You underwent a Department of Veterans Affairs (VA) directed psychiatric examination on 19 February 1997, and were given diagnoses of mild to moderate bulimia nervosa, in remission, and a mixed personality disorder with obsessive-compulsive features. A VA rating decision dated 8 April 1997, shows that the VA awarded you 0% disability ratings for a scar, duodenitis and residuals of a fractured metacarpal, and denied your request for service connection for eight other conditions.
The Board rejected your unsubstantiated contention to the effect that you do not suffer from a personality disorder. It noted that although that disorder rendered you unsuitable for military service, it is not considered to be a disability under the laws administered by the Department of the Navy. In addition, the Board was unable to conclude that you sufferer from any physical or mental disorder that rendered you unfit for service by reason pf physical disability. 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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