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NAVY | BCNR | CY2004 | 09388-04
Original file (09388-04.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

JRE
                                                                                 Docket No. 09388-04
                                                                                
3 March 2006






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 24 February 2006. 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 2 July 2001. On 6 August 2003, you were given diagnoses of dysthymic disorder and borderline personality disorder. The personality disorder was considered to be the primary diagnosis. Those diagnoses we~e—confirmed on 13 August 2003, and as you were considered unsuitable for service because of the personality disorder, you were recommended for administrative discharge on that basis. You were discharged by reason of a personality disorder on 22 August 2003.

The Board carefully considered the medical evidence you submitted in support of your application, but found it insufficient to warrant any corrective action in your case. The Board noted that although you were diagnosed as suffering from dysthyniic disorder, which is characterized by chronic depressive symptoms which have been present for a number of years, you were not considered unfit for duty because of that condition; rather, as indicated above, you were unsuitable for service because of the effects of your personality disorder.

As you have not demonstrated that you were unfit to reasonably perform the duties of your office, grade, rank or rating by reason of physical disability that was incurred in or aggravated by your period of naval service, the Board was unable to recommend any corrective action in your case. 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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