DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE :
Docket No. 09743-07
25 November 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 14 November 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 8 May 2000. It
appears that your enlistment was fraudulent, in that you
concealed your disqualifying history of counseling and multiple
Suicide attempts when you applied for enlistment. You were
discharged by reason of physical disability on 23 December 2002,
without entitlement to disability benefits administered by the
Department of the Navy, due to disability which existed prior to
your enlistment and was not aggravated by your service.
The Board was not persuaded that you were unfit for duty by
reason of physical disability that was incurred in or aggravated
by your period of naval service. In addition, it rejected your
unsubstantiated contentions to the effect that your record
contains false information concerning pre-service suicide
attempts and counseling, that you were not depressed before you
enlisted, and that you did not challenge the findings made in
your case because you were under duress at that time.
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 SX ER
Executive Dir
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