DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
Dac
Docket No. NR8290-13
28 Jan 15
This is in reference to your application for correction of your naval
record pursuant to the provisions of 10 USC 1552.
‘A three-member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your application on
8 December 2014. 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. In
this connection, the Board substantially concurred with the comments
contained in your record. You enlisted in the Marine Corps on 5
August 1997. You were convicted by summary court-martial on 16
November 2001 of unlawfully entering female students’ barracks rooms,
assaulting two Marines who were junior to you, and unlawfully entering
the barracks rooms of three other Marines. The sentence included
reduction to corporal, forfeiture of $1,050.00 pay per month for one
month, and restriction to specified limits. You were evaluated by a
clinical psychologist on 23 April 2003, and given diagnoses of:
adjustment reaction with depressed mood/complicated bereavement on
Axis I, clinical syndromes; a deferred diagnosis on Axis II,
personality disorders; and loss of social support in your brother's
death on Axis IV, psychosocial stressors. After speaking further with
you and members of your command, the psychologist added a diagnosis of
a personality disorder and recommended administrative separation. You
were discharged by reason of a personality disorder on 20 June 2003,
with a discharge under honorable conditions (general).
Docket No. NR8290-13
‘The Board was not persuaded that you were unfit by reason of physical
disability at the time of your discharge. In this regard, it noted
that an adjustment disorder is not considered a disability under the
laws administered by the Department of the Navy. In addition, the
available records do not demonstrate that you suffered frcem an
unfitting mental disorder such as major depression. The fact that the
Department of Veterans Affairs (VA) awarded’ you disability ratings for
multiple conditions effective the day following your discharge from
the Marine Corps was not considered probative of the existence of
error or injustice in your naval record because the VA awarded those
ratings without regard to the issue of your fitness for naval service.
Accordingly, your application with the Board 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 evidence within one
year from the date of the Board's decision.: New evidence is evidence
not previously considered by the Board prior to making its decision in
this case. 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.
BERT J. O'NETLL
Executive Director
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