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NAVY | BCNR | CY2004 | 07976-04
Original file (07976-04.doc) Auto-classification: Denied


                           DEPARTMENT OF THE NAVY
                    BOARD FOR CORRECTION OF NAVAL RECORDS
                                2 NAVY ANNEX
                          WASHINGTON DC 20370-5100

                                                         JRE
                                                         Docket No. 07976-04
                                                         17 October 2005













      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 6
      October 2005. 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 served on active duty in the Navy from 28
      November 1983 to 13 February 1984, when you were discharged by reason
      of a personality disorder, and assigned a reenlistment. code of RE-4.
      Although it is now apparent that you suffered from a major mental
      disorder at that time, the Board concluded that the diagnosis of a
      personality disorder was reasonable at that time, based on your
      failure to fully disclose your pre-service psychiatric history. If
      the Board were to delete that diagnosis from your record, it would be
      constrained to add a diagnosis of schizophrenia, that existed prior
      to your enlistment, and was not aggravated by your service. Such
      corrective action would not accord you effective relief, or be in
      your best interest.





In view of the foregoing, the Board concluded that it would not be in the
interest of justice for it to delete the diagnosis of a personality
disorder from your record, or change your reenlistment code to one that
might permit you to reenlist without having to obtain a waiver of your
disqualifying psychiatric condition and basis for discharge.

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,



      W. DEAN PFIEFFER
      Executive Director

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