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NAVY | BCNR | CY2006 | 09530-06
Original file (09530-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100



 JRE
 Docket No. 09530-06
30 October 2007





Dear
This is in reference to your request for further consideration of your application for upgrade of your discharge under other than honorable conditions, and your new request for correction of your record pursuant to show that you were separated or retired by reason of physical disability due to your personality disorder or other condition. As you did not submit any new material evidence in support of your reconsideration request, the Board limited its review to your new request.
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 October 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 order to be separated or retired by reason of physical disability, a service member must be unfit to reasonably perform the duties of his office, grade, rank or rating by reason of physical disability. Although you were diagnosed with a personality disorder, you were not entitled to disability separation or retirement for that condition because a personality disorder it is not considered a disability under the laws administered by the Department of the Navy. There is no indication in your record that you suffered from an unfitting mental disorder, or that you were otherwise unfit by reason of physical disability when you were discharged by reason of misconduct. The Board noted that even if you had suffered from a potentially disabling condition, you would not have been entitled to disability separation or retirement, because a discharge by reason of misconduct takes precedence over disability
evaluation processing. 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 Dir ector

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