DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON BC 20370-5100
JRE
Docket No. O5898-09
26 April 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 15 April 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.
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.
You enlisted in the Navy on 7 February 1963. It appears that
you enlistment was fraudulent in that you failed to disclose
your history of psychiatric treatment and claustrophobia, which
would have disqualified you from enlisting. You were discharged
on 28 June 1966 due to the claustrophobia, without entitlement
to disability benefits administered by the Department of the
Navy. The Board noted that claustrophobia, although
administratively disqualifying, was not considered to be a
compensable disability by the military departments at the time
in question.
In the absence of evidence which demonstrates that you were
unfit for duty by reason of physical disability that was
incurred in or aggravated by your service, the Board was unable
to recommend corrective action in your case. 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,
DWeeels
Executive Di
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