DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
, 2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 05793-08
11 May 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 30 April 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 evidénce submitted was
insufficient to establish the existence of probable material
error or injustice. ,
The Board found that you enlisted in the Marine Corps on 15
April 1976. You were given a diagnosis of a cyclothymic
personality or 11 August 1977, and recommended Eor |
administrative separation by reason of unsuitability. For
reasons that are not shown in the available records, you were
not processed for discharge at that time. You underwent a pre-
separation physical examination on 24 January 1978 and were
found qualified for discharge. There is no indication in the
examination report or elsewhere in your record that you suffered
from schizophrenia or any other major mental disorder at that
time. You were discharged under honorable conditions on 27
January 1978 under the provisions of the expeditious discharge
program, based on your minor disciplinary infractions and lack
‘Of potential for further service.
It appears that you were first diagnosed with schizophrenia in
1982, The VA denied your request for service connection for
that condition based on its determination that you did not
suffer from schizophrenia while you were on active duty or
within one year thereafter.
In the absence of evidence which demonstrates that you did not
suffer from a personality disorder, and establishes that you
were unfit for duty by reason of physical disability due to a
ratable mental disorder, the Board was unable to recommend any
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.
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,
Rn DS. Torn
ROBERT D.™“ZSALMAN
Acting Executive Director
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