DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 08410-08
19 November 2009
Dea a,
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 5 November 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 haval record and applicable statutes,
regulations and policies.
After careful and conscienticus 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 Marine Corps on 10
December 1990. It appears that you enlistment was fraudulent,
in that you concealed your history of attempting suicide on two
occasions, and of feeling suicidal since the age of 10. You
were honorably discharged on 15 April 1992 by reason of a
personality disorder. On 18 July 2008 the Department of
Veterans Affairs (VA) granted you a 30 percent disability rating -
for posttraumatic stress disorder effective 26 February 2007.
The Board concluded that while there is substantial evidence in
the available records which demonstrates that you were
unsuitable for naval service in 1992, the available records do
not demonstrate that you were unfit for duty by reason of
posttraumatic stress disorder or other ratable disability at
that. time. The fact that the VA awarded you a disability rating
for posttraumatic stress disorder is not probative of the
existence of error or injustice in your naval record because the
VA awards disability ratings without regard to the issue of the
veteran's fitness for military duty as of the date of separation
from the service. 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 PFEL PERRY
Executive Diyest
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