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NAVY | BCNR | CY2007 | 05030-07
Original file (05030-07.rtf) Auto-classification: Denied


                                    J
RE
Docket No. 05030-07
22 May 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 22 May 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 21 June 1974. It appears that your enlistment was fraudulent, in that you concealed your history of a suicide attempt. You underwent psychiatric evaluation on 9 January 1975, and were given a diagnosis of a mixed personality disorder with immature and schizoid features, which existed prior to your enlistment. You were discharged from the Navy by reason of unsuitability on 3 March 1975, because of the personality disorder, on 31 August 2006, the Department of Veterans Affairs (VA) denied your request for service connection for bipolar affective disorder because there was no evidence that the condition began during, or was caused by, your naval service.
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 period of naval service, the Board was unable to recommend any 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 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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