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NAVY | BCNR | CY2009 | 00055-09
Original file (00055-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORURE

WASHINGTON De. 20370-5100 BSeKeU Nea OO0SS02
25 February 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 12 February 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 served on active duty in the Navy from
7 September 1990 to 5 June 1991, when you were honorably
discharged by reason of a personality disorder, which is a
condition that is not considered to be a disability under the
laws administered by the military departments. Following your
discharge, the Department of Veterans Affairs denied your
request for service connection for a personality disorder and a
depressive disorder.

Although you have submitted evidence which indicates that you
currently suffer from several mental disorders, to include a
personality disorder, you have not demonstrated that on 5 June
1991 you were unfit for further service by reason of physical
disability that was incurred in or aggravated by your brief
period of naval 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 PF
Executive Di

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