Search Decisions

Decision Text

NAVY | BCNR | CY2010 | 00926-10
Original file (00926-10.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

JRE
Docket No. 00926-10
9 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 served on active duty in the Navy from 26 September 2001 to 6
January 2003, when you were discharged for the convenience of the
government due to an adjustment disorder, a condition, not a
disability.

As adjustment disorder is not considered to be a disability under
the laws administered by the military departments, and as you have
not demonstrated that you suffered from a ratable mental disorder,
there is no basis for recommending 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

rrer or injustice.

*
hy ®

Sincerely,

Similar Decisions

  • NAVY | BCNR | CY2010 | 00485-10

    Original file (00485-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 November 2010. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...

  • NAVY | BCNR | CY2010 | 10206-10

    Original file (10206-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 28 June 2011. However, the Board concluded that your RE-4 reentry code and reason for separation should not be changed due to your diagnosed adjustment disorder and failure to complete recruit training. 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...

  • NAVY | BCNR | CY2009 | 13398-09

    Original file (13398-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 September 2010. However, the Board concluded that your RE-4 reenlistment code should not be changed due to your diagnosed adjustment disorder and stuttering. 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.

  • NAVY | BCNR | CY2009 | 10031-09

    Original file (10031-09.pdf) Auto-classification: Denied

    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. In this regard, the Board noted that it is not uncommon for a service member who suffers from a depressive and/or anxiety disorder to be considered fit for duty, yet be found administratively unsuitable for service due to the effects of an adjustment disorder, as occurred in your case. ...

  • NAVY | BCNR | CY2010 | 07580-10

    Original file (07580-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 September 2010. 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. Consequently, when applying for a correction of an official naval record, the burden*is on the applicant to demonstrate the existence of probable...

  • NAVY | BCNR | CY2010 | 00511-10

    Original file (00511-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 October 2010. 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. Consequently, when applying for a correction of an official naval record, the burden ijs on the applicant to demonstrate the existence of probable...

  • NAVY | BCNR | CY2010 | 07646-10

    Original file (07646-10.pdf) Auto-classification: Denied

    The Board may deny an application in executive session if it determines that the evidence of record fails to demonstrate the existence of probable material error or injustice. If the petitioner’s fitness is considered questionable by the Board or the author(s) of the medical advisory opinion, the Board or its staff will in most cases seek an advisory opinion from the Director, SECNAVCORB, on the issue of the petitioner’s fitness for duty at the time of his separation or release from active...

  • NAVY | BCNR | CY2009 | 10366-09

    Original file (10366-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 July 2010. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...

  • NAVY | BCNR | CY2009 | 06638-09

    Original file (06638-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 30 September 2010. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...

  • NAVY | BCNR | CY2010 | 01402-10

    Original file (01402-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 March 2010. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record and applicabie statutes, regulations and policies. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...