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NAVY | BCNR | CY2008 | 04982-08
Original file (04982-08.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

JRE
Docket No. 04982-08
23 March 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 19 March 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 enlisted in the Navy on 4 June 2002.
You sought medical care on 2 March 2007 for depression and self-
mutilation, and disclosed that you had gcome depressed while in
middle school. You also disclosed that',shad begun burning

yourself at age 13 or 14, and that you had been treated for
attention deficit disorder You were ultimately given a diagnosis
of a personality disorder, and discharged on that basis on 18
April 2007. On 4 December 2007, the Department of Veterans

Affairs (VA) granted your request for service connection for
posttraumatic stress disorder, major depressive disorder and
anxiety disorder.

The Board could not find any indication in your Navy health
record that you were sexually assaulted in 2002, as you allege,
or that you were experiencing any of the hallmark symptoms of
posttraumatic stress disorder during your period of naval
service. The Board concluded that there is no credible evidence
that were unfit for duty by reason of physical disability
because of posttraumatic stress disorder, a depressive disorder,
or other ratable mental or physical disorder. 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,

 

Executive Director

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