DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 ,
JRE
Docket No. 06493-09
5 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 1 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 6 February 1969. You underwent
psychiatric evaluation on 23 June 1970 due to your complaints of
agitation, anxiety, restlessness, insomnia, weight gain, crying
spells and depression, which you attributed to being separated
from your wife and home. You indicated that you would probably
absent yourself without authority at the time your battalion was
scheduled to deploy. The psychiatrist who examined you noted you
were accepted for enlistment despite mentioning numerous
psychiatric symptoms on your enlistment physical. He gave you a
diagnosis of passive-dependent personality, and recommended that
you be administratively discharged by reason of unsuitability
due to a character or behavior disorder. You underwent a pre-
separation physical examination on 13 August 1970 and were found
qualified for separation. You were discharged by reason of
unsuitability on 14 August 1970. On 26 June 2007, the Department
of Veterans Affairs (VA) granted your request for service
connection for generalized anxiety disorder which existed prior
to your enlistment and was aggravated by your service, and
assigned a disability rating of 70 percent effective 25 July
2006.
Your receipt of disability compensation from the VA more than
twenty-five years after you were discharged from the Navy is not
probative of the existence of error or injustice in your naval
record because the VA made that award without regard to the
issue of your fitness for military duty at the time of your
discharge. As you have not demonstrated that you were unfit for
duty by reason of physical disability on 14 August 1970, rather
than unsuitable for service due to a personality disorder, there
is no basis for recommending 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 entitied 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 PFET
Executive Dir
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