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NAVY | BCNR | CY2005 | 07634-05
Original file (07634-05.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 2Q37O~51OO
JRE
Docket No. 07634-05
22 September 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 14 September2006. Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. Documentary mate jail 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 enlisted in the Navy on 3 June 1974. You underwent a pre-separation physical examination on 7 December 1976, and were found to be physically qualified for discharge. No significant defects were noted by the physician who conducted the examination, and you did not disclose any conditions you believed warranted further medical evaluation. You were discharged by reason of misconduct-drug abuse on 3 June 1976, with a general discharge. On 30 January 2002, the Department of Veterans Affairs (VA) granted you service connection for a psychiatric disorder that was thought to be related to your military service.
The Board noted that the VA may award disability ratings and compensation to at any time during a veterans lifetime in those cases where it determines that the veteran suffers from a condition that was incurred in, aggravated by, or merely related to a period of military service. Unlike the VA, the military departments may assign disability ratings only in those cases where a service member has been found unfit to perform the duties of the service member’s office, grade, rank or rating by reason of physical disability at the time of separation or permanent retirement. As you have not demonstrated that you were unfit for duty at the time of your discharge, and as you would not have been entitled to disability evaluation even if you had been unfit for duty, as a discharge by reason of misconduct would have precluded disability such evaluation, 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,




W. DEAN PFIEFFER
Executive Director

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