DEPARTMENT OF THE NAVY
B O A R D F O R C O R R E C T I O N O F N A V A L R E C O R D S
2 N A V Y A N N E X
W A S H I N G T O N D C 2 0 3 7 0 - 5 1 00
JRE
Docket No: 5329-00
23 April 2001
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 5 April 2001. 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 underwent a pre-separation physical examination on 25 June 1999.
You reported that your health was "Good" at that time, and you disclosed a history of back
pain, alcoholism, use of illegal substances, and frequent trouble sleeping. The examining
physician noted signs of depression, and started you on an antidepressant medication,. He
found your fit for separation, and recommended that you seek follow-up care for the
depressive symptoms from the Department of Veterans Affairs (VA). You were honorably
released from active duty on 10 July 1999, at the expiration of your active duty service
commitment. On 4 October 1999, the Department of Veterans Affairs (VA) awarded you a
50% rating for major depression, 10% for tinnitus, and 0% for three other conditions. All
ratings were effective from 11 July 1999.
The fact that you received a substantial disability rating from the VA is not probative of the
existence of material error or injustice in your naval record. In this rcgard, the Board noted
that in order for a service member to qualify for disability retirement, he must be found unfit
to perform the duties of his office, grade, rank or rating by reason of physical disability
ratable at or above 30% disabling. The VA assigns disability ratings without regard to the
issue of fitness for military duty. It must rate all conditions it classifies as "service
connected", i.e., incurred in, aggravated by, or traceable to a period of military service. As
noted above, you considered your health to be good , and you were found fit for separation.
In addition, there is no indication in the available records that your performance of duty was
other than satisfactory prior to your discharge. In the absence of evidence which
demonstrates that you were unfit by reason of physical disability, the Board was unable to
recommend any co3ective 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
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