DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX JRE
WASHINGTON DC 20370-5100
Docket No. 07355-08
19 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, in which you requested that
you be separated or retired by reason of physical disability due
to “Schizophrenia or Bipolar”. .
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 14 May 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 initially enlisted in the Navy on 19
May 1982. You and were honorably discharged on 5 August 1985,
and reenlisted the following day. You underwent a pre-separation
physical examination on 6 December 1988 and were found
physically qualified for duty and administrative separation. You
did not report any conditions or defects which you believed were
disqualifying for further service, despite being advised of your
caght to do so, and the physician who examined you did not
record any on the report of examination. You were discharged by
reason of mnisconduct/commission of a serious offense on 30
December 1988, with a discharge under other than honorable
conditions.
in order to be separated or retired by reason of physical
disability, a service member must be unfit to reasonably perform
the duties of his office, grade, rank or rating by reason of
physical disability. There is no indication in your naval
record that you were unfit for duty at the time of your
discharge, or that you suffered from schizophrenia and/or a
bipolar disorder. You would not have been entitled to disability
separation or retirement in any event, because your discharge by
reason of misconduct would have taken precedence over disability
evaluation processing. 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,
ROBERT D.\ZSALMAN
Acting Executive Director
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