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NAVY | BCNR | CY2007 | 08731-07
Original file (08731-07.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX

WASHINGTON DC 20370-5100

JRE
Docket No. 08731-07

i August 2008

 

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 31 July 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.

The Board found that you served on active duty in the Navy from
29 September 1997 to 25 May 2007, when you were discharged by
reason of a personality disorder, which you did not contest at
that time. Prior to separation, you were examined and
considered physically qualified for service. On 8 November
2007, the Department of Veterans Affairs (VA) denied your
As a personality disorder is not considered to bea disability
under the laws administered by the Department of the Navy, and
as you have not demonstrated that you suffered from any other
physical or mental conditions which rendered you unfit for
further service by reason of physical disability, there is no
basis for correcting your record to show that you were separated
or retired by reason of physical disability. Accordingly, your
application has been denied. The names and votes of the members
of the panel will be furnished upon request.

If you want to contest the reason and authority and/or
characterization of your service, you may do so by submitting
the enclosed DD Form 293 to the Naval Discharge Review Board
(NDRB). If you are unsatisfied with the results of the NDRB

review, you may reapply to the Board for Correction of Naval
Records.

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 PFE
Executive Di

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