DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 JRE
Docket No. 10031-09
16 July 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 9 July
2010. Your allegations of error and injustice were reviewed ai
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. In addition, the
Board considered the advisory opinion furnished by members of the
staff of the Behavioral Healthcare Clinic, National Naval Medical
Center dated 29 June 2010, a copy of which is attached.
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. In
this connection, the Board substantially concurred with the comments
contained in the advisory opinion concerning the accuracy of the
diagnosis of an adjustment disorder that was made in your case by
Doctor S...on 4 March 2003. The Board was not persuaded, however, that
your diagnoses of major depressive disorder, single episode, and
anxiety disorder not otherwise specified, rendered you unfit for
further service by reason of physical disability at the time of your
discharge. In this regard, the Board noted that it is not uncommon
for a service member who suffers from a depressive and/or anxiety
disorder to be considered fit for duty, yet be found administratively
unsuitable for service due to the effects of an adjustment disorder,
as occurred in your case. The fact that the Department of Veterans
Affairs awarded you a 0% rating for an adjustment disorder, and did
not rate the anxiety and depressive disorders, supports the
conclusion that you were not unfit for service by reason of physical
disability. 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,
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