DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100"
TRE
Docket No. 01161-09
19 November 2009
Dear Sy
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 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. In this regard, the Board found that a
personality disorder is not a condition for which a service
member may be separated or retired by reason of physical
disability. In addition, it noted that although a psychology
resident recommended on 8 January 1998 that you be discharged by
reason of a personality disorder, that recommendation was
advisory in nature and not binding on your commanding officer. .
Accordingly, there is no basis for granting your request for
correction of your record to show that you were discharged by
reason of physical disability. The names and votes of the
members of the panel will be furnished upon request.
If you want to apply for upgrade of your discharge under
honorable conditions, you should complete the enclosed DD Form
294 and submit it to the Naval Discharge Review Board.
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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