PEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
SHINGTON DC 20370-5100
WA NGTO 3 JRE
Docket No. 00308-0609
30 March 2010
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 March 2010. 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. In addition, the Board considered an
advisory letter from the Commandant of the Marine Corps dated 22
December 2008, a copy of which is enclosed.
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. In this connection, the Board substantially
concurred with the comments contained in the advisory letter.
The fact that you were not diagnosed as suffering from a
personality disorder before you enlisted in the Marine Corps
does not demonstrate that you did not suffer from such a
disorder prior to enlisting. Your receipt of disability
compensation from the Department of Veterans Affairs (VA) is not
probative of the existence of error or injustice in your naval
record, because the VA awarded you disability compensation
without regard to the issue of your fitness for military duty on
the date of your discharge. As you have not demonstrated that
you were unfit for duty due to the effects of a depressive
disorder that was incurred in or aggravated by your service,
rather than unsuitable for service because of a personality
disorder, there is no basis for correcting your record to show
that you were separated or retired by reason of physical |
disability. 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,
Enclosure
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