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NAVY | BCNR | CY2006 | 05645-06
Original file (05645-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 05645-06
22 January 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 19 January 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. In this regard, the Board rejected your contention to the effect that you were misdiagnosed as suffering from a personality disorder. It could not find any indication in the available records that the Department of Veterans Affairs (VA) physician who examined you following your discharge reviewed the report of outpatient psychiatry evaluation you underwent on 13 August 2003, which established the diagnosis of a personality disorder. In addition, the Board found that when you were interviewed on 13 August 2002, you did not attribute your emotional distress to the effects of sexual harassment and/or misconduct of superiors, as you now do. The Board concluded that the opinion of VA physician that the circumstances of your case do not suggest “any glaring/overt personality disorder, nor any major psychiatric disorder” is insufficient to demonstrate the existence of error or injustice in your Navy record. 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,



ROBERT D. ZSALMAN
Acting Executive Director

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