DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 00764-10
23 December 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 2
December 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 insutfiverent te
establish the existence of probable material error or injustice.
You served on active duty in the Marine Corps from 28 September 2004
to 25 August 2006, when you were discharged for the convenience of
the government due to a personality disorder. On 13 April 2007, the
Department of Veterans Affairs (VA) granted your request for service
connection for posttraumatic stress disorder and tinnitus, and
awarded you a combined disability rating of 40%.
The Board noted that diagnoses of posttraumatic stress disorder and
personality disorder are not mutually exclusive, and that a person
may suffer from those conditions simultaneously. In the absence of
evidence which demonstrates that you were unfit for duty by reason
of physical disability at the time of your discharge, or that the
diagnosis of a personality disorder was made in error, 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,
pues
W. DEAN P
Executive Dirertor
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