DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
NAVY
ANNEX
2
WASHINGTON DC 20370.510
0
S
JRE
Docket No: 3096-02
14 November 2002
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 18 October 2002. 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
your application, together with all material submitted in support thereof, your
consisted of
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 were evaluated by a medical
given a diagnosis of major depressive disorder, single episode, moderately severe.
February 1999, the Physical Evaluation Board (PEB) made preliminary findings that you were
unfit for duty because of the depressive disorder, which it rated at 10% disabling.
accepted those findings on 18 February 1999, and were discharged with entitlement to
disability severance pay on 15 April 1999. On 21 August 2000, the Department of Veterans
Affairs (VA) awarded you a 30% rating for depression, and 10% for sinusitis, effective from
16 April 1999.
board on 25 November 1998, and
On 4
You
The Board noted that the disability rating you were assigned by the VA for your mental
disorder was effective the day following your discharge, it was based on the results of an
examination conducted several months later. In addition, although the VA and Navy employ
the same rating schedule, with modifications, each agency assigns ratings independently of the
other. The Board was not persuaded that the rating you were assigned by the PEB, and you
Accordingly, your application has been denied. The names and
accepted, was erroneous.
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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