DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 10646-07
2 October 2008
This 1s 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 2 October 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 25 October
2001. You underwent a pre-separation physical examination on 23
October 2006. You reported that you had been diagnosed with and
treated for major depression, but that condition was not
considered disqualifying by the physician who conducted the
examination. You were honorably discharged on 31 October 2006
by reason of a personality disorder. On 1 June 2007, the
Department of Veterans Affairs (VA) awarded you a 50% rating for
major depression, which was based in large part on the results
of an examination conducted approximately seven months after you
were discharged from the Navy. The VA denied your request for
service connection for nine other conditions, to include the
personality disorder, which the VA classifies as a developmental
disorder rather than a disability.
In order to qualify for disability separation or retirement from
the Navy, a Sailor must be found unfit to reasonably perform the
duties of his office, grade, rank or rating by reason of
physical disability. The available records do not demonstrate
that you were unfit for duty on 31 October 2006 because of the
effects of major depression or any other ratable condition.
Your personality disorder, although administratively unfitting,
is not considered a disability under the laws administered by
the Department of the Navy.
The fact that you received a substantial disability rating from
the VA for depression is not probative of the existence of error
or injustice in your naval record, because the VA assigned that
rating without regard to the issue of your fitness for military
duty on the date of your discharge.
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,
DEAN PFE
Executive Dil
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