DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100
JRE
Docket No. 07689-0939
20 October 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 41552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 24 September 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
vecord, the Board found that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
The Board found that you enlisted in the Navy on 6 May 1970. You
were absent without authority on two occasions during your
enlistment, and convicted by summary court-martial. On 24
September 1970 you disclosed a disqualifying history of
depression and confinement in a psychiatric hospital. You were
given a diagnosis of a character disorder, probably passive-
aggressive, punctuated by frequent episodes of depression with
suicidal ideation and true suicidal risk. You were discharged
by reason of unsuitability on 16 October 1970, having completed
4 months and 26 days of service. The Department of Veterans
Affairs (VA) awarded you disability ratings of 10% for tinnitus
and 0% for bilateral hearing loss effective 9 May 2002, and
denied your request for service connection for
‘drugs,alcoholism”, posttraumatic stress disorder, anda
personality disorder. ‘On 9 April 2004, the VA granted you
entitlement to a non-service connected pension for mental
disorders that were not incurred in or aggravated by your naval
service.
The Board found that your enlistment was fraudulent in that you
concealed a disqualifying history of psychiatric treatment and
hospitalization. The Board was not persuaded that you were unfit
for duty by reason of physical disability that was incurred in
or aggravated by during your brief period of naval service. It
concluded that your receipt of disability ratings and a non-
service connected pension more than thirty years after you were
discharged from the Navy is not probative of your contention
that you should have been separated or retired by reason of -
physical disability in 1970.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,
Executive Di
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