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NAVY | BCNR | CY2007 | 01463-07
Original file (01463-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                                    2 NAVY ANNEX
WASHINGTON DC 20370-5 00




 JRE
 Docket No. 01463-07
6 December 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 6 December 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 reenlisted in the Marine corps on 26 February 1984, with 2 years and 25 days of prior active service. You underwent psychiatric evaluation on 27 April 1984. The psychiatric noted that you had been evaluated on three previous occasions, and recommended for administrative separation several times. He found you fit for duty from a psychiatric standpoint, but possibly unsuitable for service because of the manifestations of your mixed personality disorder. On 23 February 1984, you were notified that you were being considered for separation for the convenience of the government by reason of a personality disorder. You were advised of your rights in connection with the proposed action of 27 February 1984. You waived all rights except the right to obtain copies of documents that would be forwarded to the discharge authority in support of the recommendation for discharge. You were honorably discharged on 20 March 1984 for the convenience of the government-personality disorder. On 1 November 1985, the Naval Discharge Review Board denied your request for change of the basis of your discharge.

A personality disorder is considered to be a constitutional or development disorder, and not a disability under the laws administered by the Department of Defense and its components. Accordingly, and as you have not demonstrated that you suffered from a more severe mental disorder which rendered you unfit by reason of physical disability, the Board was unable to recommend corrective action in your case.
In view of the foregoing, 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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