DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 07263-10
29 April 2011
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 28 April
2011. 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 Marine Corps from 31 July LOVS te
18 October 1974, when you were discharged by reason of unsuitability
due to a character and behavior disorder, a condition not considered
to be a disability. Effective 14 February 1984, the Veterans
Administration (VA) awarded you a 10% disability rating for bipolar
disorder, and confirmed that rating on 8 October 1985.
Your receipt of a VA disability rating effective 14 February 1984
is not probative of the existence of error or injustice in your naval
record because it does not demonstrate that you were wuntit fer duty
by reason of physical disability more than nine years earlier, when
you were found to be unsuitable for service. Accordingly, and as you
have not demonstrated that you were unfit for duty on 18 October 1974
by reason of physical disability that was incurred in or aggravated
by your service in the Marine Corps, 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,
ts Sean
W. DEAN PFEIFFER
Executive Dir oO
NAVY | BCNR | CY2010 | 00485-10
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 | CY2008 | 11027-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 December 2008. Upon completion of the evaluation, you were given a diagnosis of a personality disorder, and recommended for administrative discharge. 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 | CY2008 | 11037-08
As a result of that rating action, your case was referred to the Bureau of Medicine and Surgery for review. After being advised of the options available.to you, you elected to request transfer to the Retired List of the Marine Corps Reserve with entitlement to retired pay at age 60. 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 | CY2005 | 05642-05
Documentary material considered by the Board consisted of you application, together with all material submitted in support thereof, you 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.The Board found that you served on active duty in the Marine Corps from 6 June 1967 to 29 December...
NAVY | BCNR | CY2002 | 03599-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 January 2003. The medical record also discloses the petitioner was admitted to Naval Hospital, Long Beach, on 28 December 1979 and discharged on 11 February 1980 with the diagnosis: “Passive-Aggressive Personality Disorder”. The petitioner appeared before a Medical Board on 13 February 1980 with the above diagnosis and that Board found no evidence of psychosis...
NAVY | BCNR | CY2010 | 04094-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 February 2011. 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. The VA rating officials who made that award found no objective evidence in your naval health record that was pertinent to your claim, and they...
NAVY | BCNR | CY2007 | 05330-07
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.The Board found that you served on active duty in the Marine Corps from 23 August 1977 to 19...
NAVY | BCNR | CY2007 | 01463-07
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.The Board found that you reenlisted in the Marine corps on 26 February 1984, with 2 years and 25...
NAVY | BCNR | CY2008 | 05359-08
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. The Board found that you served on active duty in the Marine Corps from 11 December 1974 to 15 July 1975, when you were discharged by reason of unsuitability due to a personality disorder, a condition that is not considered to be a disability under the laws administered by the Department of...
NAVY | BCNR | CY2010 | 06149-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 April 2011. 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...