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NAVY | BCNR | CY2007 | 01184-07
Original file (01184-07.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX

WASHINGTON DC 20370-5100

 

JRE
Docket No. 01184-07
4 February 2008

 

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 25 January 2008. 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 15 July 2002.
On 9 August 2002, you admitted to a Navy psychologist that you
had been treated for bipolar affective disorder prior to
enlisting. The psychologist gave you a diagnosis of bipolar
disorder, not otherwise specified, existed prior to enlistment,
and recommended that you be discharged from the Navy with an

entry level separation because of that disqualifying psychiatric
condition. Although your enlistment was fraudulent rather than

erroneous, you were discharged by reason of erroneous entry on
19 August 2002, without any objections from you.
The Board concluded that in the absence of evidence which
demonstrates that you were unfit for duty by reason of physical
disability that was incurred in or aggravated by your brief
period of naval service, there is no basis for recommending
corrective action in your case. Accordingly, your application
has been denied. The names and votes of the members of the

panel will be furnished upon request.

It is important to note that neither your discharge nor the
action of the Board precludes you from applying for benefits
administered by the Department of Veterans Affairs.

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,

Lo Wen

W. DEAN PFEIL
Executive Di tor

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