DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 06553-07
17 June 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 12 June 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 16 November
2002. It appears that your enlistment was fraudulent, in that
you concealed your extensive pre-service history of psychiatric
illness and treatment in order to qualify for enlistment. You
were discharged from the Navy on 5 December 2003 by reason of a
personality disorder. On 21 March 2007, the Department of
Veterans Affairs (VA) granted you service connection for
schizoaffective disorder. The VA rating decision of that date
provides, in part, that while your condition clearly began prior
to your enlistment, there was no evidence “permitting an
evaluation of the level of disability prior to service”, and,
paradoxically and without foundation, that your mental disorder
“was exacerbated during military service, worsening still more
after the military”.
The Board agrees with the VA finding that your mental disorder
existed prior to your enlistment. The Board rejects the
unsupported conclusion that the disorder increased in severity
beyond natural progression during your service. In addition,
the Board was not persuaded that you were unfit for duty by
reason of physical disability on 5 December 2003, as opposed to
being unsuitable for service because of the effects of your
personality disorder. Furthermore, the Board concludes that you
should not under any circumstances be permitted to benefit from
your fraudulent enlistment. 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,
La Dow Sed
W. DEAN PFE
Executive Dil to
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