DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 JRE
ii
Docket No. 07559-08
26 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 in executive session, considered your
application on 25 September 2008. 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 11 September
1985. It appears that your enlistment was fraudulent, in that
you concealed your history of a lengthy period of
unconsciousness and several weeks of hospitalization for a
severe head injury, as well as your history psychiatric
hospitalization for a period of about six months for treatment
of anxiety and behavioral problems thought to be related to the
head injury. Although you disclosed a history of a head injury
in the Report of Medical History you completed on 25 June 1985,
you stated that you were unconscious for a relative short
period, that you did not require hospitalization, and that there
had not been any complications of the injury. In addition, you
denied having a history of depression or excessive worry, loss
of memory or amnesia, and nervous trouble of any sort. You were
discharged from the Navy on 16 March 1987 by reason of a
personality disorder.
In a letter dated 29 November 1999, a psychiatrist with a
Louisiana State University student health center stated that you
had an organic mental disorder with depression and a personality
disorder, both secondary to a severe head injury you suffered as
a teenager. On 14 September 2006, the Department of Veterans
Affairs granted your service connection and a disability rating
of 50% for major depressive disorder and mild dementia with
cognitive deficits secondary to traumatic brain injury that were
aggravated by your naval service. The award was based on the
determination that your condition became worse during your
period of service.
In order to qualify for disability separation or retirement from
the Navy for a condition that existed prior to enlistment, there
must be an increase in the severity of the condition during a
period of service that is beyond the natural progression of the
underlying disease process. The Board was not persuaded that
such aggravation occurred in your case. It was unable to
conclude that you were unfit for duty by reason of physical
disability that was incurred in or aggravated by your service,
or that you were improperly discharged by reason of a
personality 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,
W. DEAN F
Executive Dine r
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