DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 01523-06
2 April 2007
Saati, pret ete ne eR
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 29 March 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 were discharged from the Marine Corps on
9 March 1970 by reason of unsuitability based on a diagnosed
personality disorder. On 21 July 2004, the Department of
Veterans Affairs (VA) denied your request for service connection
for a personality disorder, which it classified as a
developmental defect, and not ratable. The VA rating decision
indicates that you did not respond to a letter requesting medical
evidence, and advised you that your claim would be reopened upon
your submission of evidence showing post service treatment and/or
diagnosis of a mental disorder.
The Board noted that a personality disorder is not considered to
be a disability under the laws administered by the Department of
the Navy. Accordingly, and as you have not demonstrated that you
suffered from a more severe mental disorder that was incurred in
or aggravated by your naval service, and rendered you unfit for
duty at the time of your discharge, the Board denied your request
for correction of your record. 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.
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