DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 |
JRE
Docket No. 02744-08
12 January 2009
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 8 January 2009. 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 served in the Navy from 10 December
2002 to 3 August 2007, when you were discharged for the
convenience of the Government by reason of a personality
disorder. On 5 March 2008, the Department of Veterans Affairs
(VA) awarded you disability ratings of 10% for an adjustment
disorder with depressed mood and 0% for three orthopedic
conditions. The VA denied your request for service connection
for nine other conditions.
In order to be separated or retired by reason of physical
disability, a service member must be found unfit to reasonably
perform the duties of his or her office, grade, rank or rating
by reason of physical disability. Although a personality
disorder may render a Sailor administratively unfit for service,
as in your case, it is not considered a disability under the
laws administered by the military departments. In addition, an
adjustment disorder was not considered to be a ratable
condition.
In view of the foregoing, and as you have not demonstrated that
you were unfit for duty by reason of physical disability at the
time of your discharge, the Board was unable to recommend
corrective action in your case. Accordingly, your application
has been denied. The names and votes of the members of the
panel will be furnished upon request.
If you believe that the basis for your discharge should be
changed from a personality disorder to a basis other than
physical disability, you should apply to the Naval Discharge
Review Board by submitting the enclosed DD Form 293 to that
board.
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,
pad D, Awd
ROBERT D. SALMAN
Acting Executive Director
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