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NAVY | BCNR | CY2009 | 09541-09
Original file (09541-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

JRE
Docket No. 09541-09
14 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.

A three-member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your application on 20 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 in the Marine Corps from 6 September to
19 October 2009, when you were discharged by reason of fraudulent

entry based on your concealment of a pre-service history of treatment
for a disqualifying mental disorder.

The Board did not accept your unsubstantiated contention to the
effect that the psychiatric counseling described in your naval health
record was actually a series of post-incident stress management
classes you attended due to your work as a volunteer firefighter.
In addition, the Board noted that a Navy medical record entry dated
11 October 2005 indicates that, in addition to undergoing therapy
for posttraumatic stress disorder prior to enlisting, you had been
prescribed antidepressant medication.
In view of the foregoing, 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,

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