DEPARTMENT OF
THII NAVY
BOARD
FORCORRECTIONOF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC
2037(1-5100
.,
JRE
Docket No:
1 June 2001
656940
This is in reference to your application for correction
provisions of title 10 of the United States Code, section 1552.
of your naval record pursuant to the
A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 26 April 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.
Documenlary 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
exi,stence of probable material error or
injustice.
the. Navy on 11 January 1966. You
!Jeptember 1969, and were found fit
The Board found that you entered on active duty in
underwent a pre-separation physical examination on 8
for release to inactive duty. You did not disclose any conditions you felt rendered you unfit
for further service at that time, and no such conditions were noted by the physician who
conducted the examination. You were released from active duty on 26 September 1969.
You submitted a claim for disability benefits to the
Vel:erans Administration (VA) on 22
February 1972. You stated that the claim was for a “Nervous Condition” for which you had
not received any treatment while in the service. Your claim was denied on 1 March 1972.
You received a 30% rating for post traumatic stress disorder effective from 26 February
1991, and of 100% from 6 July 1993.
The Board noted that the VA rates all conditions it
incurred in, aggravated by, or traceable to a period of service or other service connected
condition. It may add ratings throughout a veteran ’s lifetime, and may raise or lower ratings
as the degree of severity of rated conditions changes over time. The military department,
cla:;sifies as “service connected”, that is,
however, may assign ratings only in those cases
wherlz the service member is unfit to
perform the duties of his office, grade, rank or rating at the time service is terminated.
Ratings are fixed as of the date of separation or permanent retirement. As you have not
demonstrated that you were unfit
folr duty on 26 September 1969 because of the effects of
,:he Board was unable to recommend
post traumatic stress disorder or any other condition,
that your record be corrected to show that you were retired
by reason of physical disability.
Your contention that you were awarded the Purple Heart is
unsubstantiated, and it was
rejected by the Board.
In view of the foregoing, your application has been denied.
members of the panel will be furnished upon request.
The names and votes of the
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
burden is on the applicant to demonstrate the existence of probable material error or
injustice.
correctic’n of an official naval record, the
Sincerely,
W. DEAN PFEIFFER
Executive Director
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