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NAVY | BCNR | CY2005 | 09849-05
Original file (09849-05.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-51 00
JRE
                                                                                          Docket No. 09849-05
                                                                                          11 September 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 8 September 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 27 March 2002. It appears that your enlistment was fraudulent, in that you concealed your history of psychiatric counseling and a suicide attempt when you applied for enlistment. You were discharged from the Navy on 8 March 2004 by reason of a personality disorder.
The Board carefully considered the evidence you submitted which indicates that you have been diagnosed as suffering from dysthymic disorder and posttraumatjc stress disorder, both of which are apparently related to the sexual abuse you experienced as a child. The Board found that evidence insufficient to demonstrate that you do not suffer from a personality disorder, or that you were unfit for further service by reason of a physical disability that was incurred in or aggravated by your service in the Navy. The Board noted that the mental health professionals who evaluated and treated you after you were discharged from the Navy generally deferred, but did not rule-out, a diagnosis of a personality disorder.

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 PFEIFFER
Executive Director

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