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NAVY | BCNR | CY2004 | 03641-04
Original file (03641-04.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


 JRE
Docket No. 03641-04
6 August 2004



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 August 2004. Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of thic 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. In addition, die Board considered th~ advisory opinion furnished by a designee of the Specialty Leader for Psychiatry dated 5 January 2003, a copy of which is attached, and the comments of your counsel in response thereto.
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. In this connection, the Board substantially concurred with the comments contained in the advisory opinion. The Board was not persuaded that you were unfit for service by reason of physical disability at the time of your discharge. The fact that your subjective symptoms of posttraumatic stress disorder allegedly became more severe following your discharge does not demonstrate that your discharge was erroneous, because fitness and disability determinations made by the Armed Forces are fixed as of the date of the member’s separation. The Department of Veterans Affairs is not similarly constrained, and it may modify disability determinations and raise or lower disability ratings through a veteran’s lifetime.
In view of the foregoing, 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,
         

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