DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370- 7
70-5100 JRE
Docket No. 10998-07
? 19 September 2008
This is in reference to your request for further consideration
of your application for correction of your naval record pursuant
to the provisions of title 10 of the United States Code, section
1552, to show that you were separated or retired by reason of
physical disability.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your request
on 11 September 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. In this regard, the Board confirmed its
findings 30 June 2005, which are outlined in the enclosed letter
dated 14 July 2005. In addition, the Board noted that a
personality disorder, which may be administratively unfitting,
is not considered a disability under the laws administered by
the Department of the Navy. Accordingly, and as you have not
demonstrated that your discharge by reason of misconduct was
erroneous or unjust, your request for correction of your record
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,
© Re MRS
ROBERT D.~ZSALMAN
Acting Executive Director
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