DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JURE
Docket No. 11755-09
26 March 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 i552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 25 March 2010. Your allegations of error and
injustice were reviewed in accordance with administrative
reguiations 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 Navy from 7 October to 29
November 1999, when you were discharged by reason of erroneous
entry due to a personality disorder, a disqualifying condition
that existed prior to your enlistment. The diagnosis and
recommendation for discharge were based in large part on matters
you disclosed to the psychologist who interviewed you at a
recruit mental health unit. The Board could not determine if
your disclosures were true, or if you provided false information
to the psychologist in order to procure your separation from the
Navy. The Board concluded that you have not demonstrated that it
would be in the interest of justice for it to remove the record
of those disclosures from your official military personnel file
or naval health record. 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 ali 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,
Woeogh]
W. DEAN P
Executive tor
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