DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
‘ 2 NAVY ANNEX JRE
WASHINGTON DC 20370-5100 Docket No. 485-10
12 November 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 4
November 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 enlisted in the Marine Corps on 12 February 2001. On 21 October
2001 you were given diagnoses of acute stress reaction secondary to
the attack on the Pentagon on 11 September 2001, and posttraumatic
stress disorder secondary to being sexually assaulted. You were
hospitalized in a psychiatric ward at Walter Reed Army Medical Center
from 22 to 25 February 2002 for evaluation of suicide potential.
Upon you release from Walter Reed you were given diagnoses of
adjustment disorder with mixed emotions and conduct, and personality
disorder, not otherwise specialized, and recommended for
administrative discharge on the basis of the latter diagnosis. You
underwent a pre-separation physical examination on 19 March 2002,
and were found qualified for separation. On 17 April 2002, you were
discharged for the convenience of the government by reason of a
personality disorder. You submitted a disability claim to the
Department of Veterans Affairs(VA)on 27 July 2007, and were granted
a disability rating of 70% for posttraumatic stress disorder with
alcohol and substance abuse on 25 November 2008.
Your receipt of a substantial disability rating from the VA effective
more than five years after you were discharged from the Marine Corps
is not probative of the existence of error or injustice in your naval
record. The VA made that award based on your condition in 2007 and
"2008, without regard to the issue of your fitness for military duty
in 2002. As you have not demonstrated that you were unfit for duty
by reason of physical disability on 17 April 2002, vice unsuitable
for service 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.
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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