DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370.5100
JRE
Docket No: 860-01
18 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 12 April 200 1. 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 report was updated and resubmitted on 29 July 1998.
The Board found that on 14 November 1997, a medical board gave you a diagnosis of major
depressive disorder, moderate, recurrent, and recommended that your case be referred to the
Physical Evaluation Board (PEB).
An addendum to the medical board report, dated 16 March 1998, added a diagnosis of
obstructive sleep apnea, with severe daytime sleepiness and severe oxygen desaturation. The
addendum indicates that you had had a positive response to a continuous positive airway
pressure (CPAP) device, and that you were doing well and feeling alert during the day. On 20
October 1998, the PEB made preliminary findings that you were unfit for duty because of the
depressive disorder, which it rated at
results, chronic severe sleep apnea, and hypertension were not separately unfitting, and did not
contribute to the unfitting condition. You accepted those findings on 16 November 1998, and
were discharged with entitlement to disability severance pay on 10 December 1998. On 8
October 1999, the Department of Veterans Affairs awarded your ratings of 30% for major
depressive disorder; 0% for tinnitus; 10% for hypertension; 10% for mechanical low back
strain; and 0% for tendinitis of both hands. On 10 March 2000, the VA added a rating of
10%) and that your arthritis, elevated liver function test
50% for sleep apnea, effective from 11 December 1998, and increased the rating for tinnitus
to
10%) for a combined rating of 70%.
The Board noted that the VA rated your depression at 30% base, in part, on the results of an
examination conducted after you were discharged from the Navy. The Board was not
persuaded that your depressive disorder warranted a rating in excess of 10% at the time PEB
evaluated your case. The fact that the Department of Veterans Affairs awarded you substantial
disability ratings for sleep apnea, mechanical low back strain, essential hypertension, tinnitus
and tendinitis was not considered probative of the existence of error or injustice in your case
because the VA awards ratings without regard to the issue of fitness for military service.
As
you have not demonstrated that any of those conditions rendered you unfit for duty, there is no
basis for rating any of them. 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.
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.
In this regard, it is
Sincerely,
W. DEAN PFEIFFER
Executive Director
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