DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20B70-5100

JRE
Docket No. 04601-06
2 July 2007

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 June 2007. 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.

The Board found that you enlisted in the Navy on 19 February 2003. You underwent mental health evaluations on 20 August and 7 September 2005 because you were having suicidal thoughts in the context of occupational dissatisfaction and unresolved physical complaints. On 7 September 2005, you were diagnosed as suffering from a borderline personality disorder, and recommended for
	administrative separation from the Navy. You underwent a pre
	separation physical examination on 16 September 2005. You
disclosed a history of numerous medical conditions at that time, but none was disqualifying for further service. You were
honorably discharged on 23 September 2005, by reason of a Personality disorder. On 6 April 2006, the Department of Veterans Affairs (VA) denied your request for service connection for a mental disorder, back pain, and conditions of your neck, right wrist and left leg. On 28 March 2007, the VA awarded you service connection and a combined disability rating of 10% for thoracic , thoracolumbar, and cervical spine strain, and right and left hip strain. The VA confirmed its denial of service connection for a mental disorder.

Your receipt of disability ratings from the VA is not probative of the existence of error or injustice in your naval record, because the VA assigned those ratings without regard to the issue of your fitness for military service. As you have not demonstrated that you were unfit to reasonably perform the duties of your office, grad, rank or rating by reason of a physical disability that was incurred in or aggravated by your naval service, 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,

							W. DEAN PFEIFFER
Executive Director