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NAVY | BCNR | CY2006 | 00096-06
Original file (00096-06.rtf) Auto-classification: Denied


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


 JRE
 Docket No. 00096-06
15 February 2007

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 15 February 2007. 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 28 February 1969. You were referred for psychiatric evaluation on 26 June 1969 for evaluation of claustrophobia. During the course of the evaluation, you reported a lifelong history of preferring to be alone or with only one friend, and an inability to tolerate crowds or confined enclosed spaces. You stated that you had once quit a job in a grocery store because you felt it was too confining. You also reported that before coming on active duty, you were planning to jump off a bridge, but were restrained by a friend. You were given a diagnosis of a schizoid personality, and recommended for administrative discharge by reason of unsuitabilaity. On 30 July 1969, you were discharged by reason of unsuitability, without any objection from you. You completed 5 months and 3 days of active service. On 3 February 2005, the Department of Veterans Affairs (VA) granted you service connection for “specific phobia, situational type with depression, which you had claimed as anxiety attacks, claustrophobia, seasonal affective disorder and posttraumatic stress disorder. The basis for that award was the determination of VA rating officials that youf~ “psychiatric condition shown above is related to military service.” That determination is not probative of the existence of error or injustice in your naval record, because it does not establish that you did not suffer from a personality disorder while you were in the Navy, or that you were unfit for service by reason of physical disability that was incurred in or aggravated by your service. Although a phobia may render a service member unsuitable for service, it is not considered a disability under the laws administered by the military departments. In addition, it was clear to the Board that you were not suitable for service, based on your pre-service history of claustrophobia and suicidal ideation/attempt, and that you would not have been permitted to enlist had you disclosed that history when you underwent your pre-enlistment physical examination.

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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