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NAVY | BCNR | CY2009 | 12590-09
Original file (12590-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX

WASHINGTON DC 20370-5100

 

JRE
Docket No. 12590-09
13 duly 2010

 

Dear Samlllllitade

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 15 July
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.

Your served on active duty in the Navy from 9 September 2004 to 20
July 2007, when you were honorably discharged by reason of a
personality disorder, a condition that is not considered to be a
disability under the laws administered by the Department of Defense
and the military services. Your discharge processing was initiated
after you threatened to commit suicide.

In the absence of evidence which demonstrates that you were unfit
for duty by reason of physical disability on 20 July 2007, rather
than unsuitable due to a personality disorder, the Board was unable
to recommend any corrective action in your case. Accordingly, your
application has been denied. The names and votes of the members of
the panel will be furnished upon request.
You have the right to apply to the Naval Discharge Review Board to
request a change in the reason for your discharge from personality
disorder to a reason other than physical disability. A DD Form 293
is enclosed for your use in that regard.

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,

2 eee
Executive reco

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