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NAVY | BCNR | CY2005 | 06953-05
Original file (06953-05.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

JRE
Docket No. 06953-05
20 October 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 19 October 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 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 Board found that you served in the Army from 28 November 1959 to 8 April 1960, when you were discharged by reason of inaptitude. You enlisted in the Navy on 31 August 1972, and served until 14 May 1974, whenyouwere discharged by reason of unsuitability. You had subsequent service in the Army Reserve. In recent years, the Department of Veterans Affairs has denied multiple requests from you for disability compensation for your alleged condition of posttraurnatic stress disorder.

As you have not demonstrated that you were unfit for service by reason of physical disability on 3lAugust 1972 due to the effects of undiagnosed posttraumatic stress disorder, or other psychiatric condition, 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 anofficialnaval record, theburdenisontheapplicant to demonstrate the existence of probable material error or injustice.

Sincerely,



        W. DEAN PFEIFFER
Executive Director

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