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NAVY | BCNR | CY2009 | 08604-09
Original file (08604-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5400

 

JRE
Docket No. 08604-09
7 June 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, in which you requested that your record be
corrected to show that you were separated or retired by reason of
an unspecified physical disability.

A three-member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your application on 3 June
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 served on active duty from 28 November 2000 to 20 August 2001,
when you were discharged for the convenience of the government by
reason of a personality disorder. No further details of the
circumstances of your separation processing are shown in the
available records.

A personality disorder is condition that is not considered to be a
disability under the laws administered by the military departments.
Accordingly, and as you have not demonstrated that you suffered frpom
a more severe mental disorder that was incurred in or aggravated by
your service and rendered you unfit for duty by reason of physical
disability, 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,

ls DEAN Nears:
Bxecutive Di

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