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NAVY | BCNR | CY2005 | 05838-05
Original file (05838-05.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

JRE
Docket No. 05838-05
13 November 2006





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 24 August 2006. • 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 Qf 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 Board found that you enlisted in the Navy on 27 June 1995. You received nonjudicial punisliment on 15 March 1996 for unauthorized absence, obtaining services under false pretenses, and making a false official statement. You underwent a preseparation physical examination on 24 September 1996, and were found physically qualified for separation. You were discharged on 27 September 1996 by reason of a personality disorder, with a general discharge. The Department of Veterans Affairs (VA) denied your request for service connection for a back condition on 26 November 1996 and 18 February 2000, and for depression and a back condition on 23 October 2001. On 22 March 2002, the VA granted you service connection for a depressive disorder.

The Board noted that unlike the VA, which must rate any condition that was incurred in or aggravated by a veteran’s period of military service, the military departments are permitted to assign disability ratings only in those cases where a service member has been found unfit to reasonably perform the duties of his office, grade, rank or rating by reason of physical disability. As you have not demonstrated that you were unfit for duty by reason of a physical disability that was incurred in or aggravated by your brief period of naval service, or that it would be in the interest of justice for the Board to upgrade your discharge to honorable, the Board was unable to recommend any corrective action in your case. 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. 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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