DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 00511-10
25 October 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 21
October 2010. Your allegations of error and injustice were reviewed
4n 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 Navy from 5 January to 12 September
2008, when you were discharged by reason of a condition not a
disability after being given a diagnoses of an adjustment disorder
and occupational problems, separation from family.
As Asperger's syndrome, adjustment disorders and occupational
problems are not ratable under the laws administered by the military
departments, and as you have not demonstrated that you were unfit
for duty by reason of physical disability that was incurred in or
aggravated by your brief period of service, there is no basis for
correcting your record to show that you were separated of retired
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
ijs on the applicant to demonstrate the existence of probable material
error or injustice.
Sincerely,
\y) Roark
W. DEAN PF
Executive D¥réetor
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