DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
JRE
Docket No: 4808-00
31 August 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 23 August 2001.
Your allegations of error and
injustice were reviewed in accordance with administrative regulations and procedures
applicable to the proceedings of this Board.
consisted of your application, together with all material submitted in support thereof, your
naval record and applicable statutes, regulations and policies.
Documentary material considered by the Board
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.xhe Board noted your naval record is devoid of any indication that you were
suffering from a mental disorder during your service, or that you were unfit to perform the
duties of your office, grade, rank or rating prior to your release from active duty. The fact
the the Department of Veterans Affairs (VA) awarded you service connection for a mental
disorder is not probative of error or injustice in your naval record.
noted that the VA applied a presumption of service connection in your case, based on the
fact that your condition manifested itself to a degree of disability of 10% or higher during the
one year period following your discharge. No such presumption is applicable to the military
departments, where fitness and rating determinations are fixed as of the date a period of
active duty is terminated. Accordingly, your application has been denied. The names and
votes of the members of the panel will be furnished upon request.
In this regard, the Board
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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