DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 JRE
Docket No. 11186-07
19 September 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 1n executive session, considered your
application on 11 September 2008. Your allegations of error and
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 served in the Navy from 26 March to 30
August 2002, when you were discharged by reason of a personality
disorder, with an uncharacterized entry level separation. You
completed 5 months and 5 days of active service. On 25 May
ROOT, Eae Department of Veterans Affairs (VA) awarded you
service connection and a 60% rating for Asperger's disorder.
The VA rating official who assigned that rating concluded that
the disorder was not disabling prior to your enlistment, and
that it was permanently aggravated by your service. AS the
disorder is not listed in the VA Schedule for Rating
Disabilities, he rated it by analogy to an organic mental
disorder. The bases for his findings are not shown in the
available records.
The Board was not persuaded that your mental disorder was
misdiagnosed as a personality disorder, or that you were unfit
for further service by reason of physical disability. In this
regard, the Board noted that you submitted no material evidence
in support of your request other than the unsubstantiated
conclusions of a VA rating official. The Board noted that
Asperger’s disorder is listed in the Diagnostic and Statistical
Manual of Mental Disorders, Fourth Edition, as a disorder
usually first diagnosed in infancy, childhood, or adolescence,
and it is classified as pervasive developmental disorder. As
other developmental disorders, such as stuttering and
personality, learning and attention deficit/hyperactivity
disorders, are not considered disabilities under the laws
administered by the military departments, it is unlikely that
Asperger’s disorder would be considered a ratable disability in
any event. In addition, it was unclear to the Board how such a
pervasive developmental disorder could be aggravated beyond
natural progression by incidents of military service.
Accordingly, your application has been denied. The names and
votes of the members of the panel will be furnished upon
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,
\ \ fo
ROBERT D. SALMAN
Acting Executive Director
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