DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 08242-
04
24 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 20
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 enlisted in the Navy on 6 June 2002 at age
28. You received nonjudicial punishment on 6 June 2003 for a seven-
day unauthorized absence and disrespect toward a petty officer. You
were a patient on the psychiatric ward of a naval medical center from
21 to 22 August 2001, after you threatened to commit suicide. Upon
your release from the hospital, you were given a diagnosis of an
antisocial personality disorder with borderline and narcissistic
features, and recommended for
administrative separation. You were subsequently were reevaluated and given
a diagnosis of a similar diagnosis of a personality disorder not otherwise
specified, with borderline, narcissistic and antisocial traits. You were
discharged by reason of a personality disorder on 3 December 12003.
The Board found the determination of a Department of Veterans Affairs
psychiatrist that you did not meet the diagnostic criteria for a
personality disorder on 31 January 2005 insufficient to establish that you
did not suffer from a personality disorder prior to your discharge from the
Navy. The Board noted that the psychiatrist accepted your negative
responses to his questions concerning the existence of indicia of
borderline, antisocial and narcissistic personality disorders at that time,
and that he did not conclude that you were misdiagnosed while serving in
the Navy.
The Board concluded that it would not be in the interest of justice for it
to change the basis for your discharge, delete references to a personality
disorder from your record, or assign you a reentry code that would permit
you to reenlist without having to obtain a waiver of your disqualifying
discharge. In addition, it concluded that although you underwent surgery on
your wrist shortly before you were discharged, you have not demonstrated
that you were unfit for duty by reason of physical disability at that time,
or that you should have been retained on active duty for further medical
evaluation or treatment.
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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