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NAVY | BCNR | CY2006 | 09773-06
Original file (09773-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


 JRE
Docket No. 09773-06
28 June 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 21 June 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 Marine Corps on 27 June 2005. It appears that your enlistment was fraudulent in that you concealed your history of psychiatric treatment, panic and anxiety attacks, and attention deficit disorder. You were discharged by reason of a personality disorder on 21 November 2005 and assigned a reentry code of RE-4, as authorized by governing directives.
The Board carefully considered your contention and supporting evidence which is to the effect that you did not suffer from a
personality disorder, but found it insufficient to warrant any corrective action in your case. In this regard, the Board concluded that your personal statement is self-serving and lacking credibility, and that you did not fully disclose your pertinent history to the psychiatrist who wrote a statement in support of your request. Accordingly, and as the Board was not persuaded that you were misdiagnosed as suffering from a personality disorder, 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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