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NAVY | BCNR | CY2006 | 03883-06
Original file (03883-06.rtf) Auto-classification: Denied
                                             DEPARTMENT OF THE NAVY
                            BOARD FOR CORRECTION OF NAVAL RECORDS
                                    2 NAVY ANNEX
                            WASHINGTON DC 20370~51 00


                                    JRE
                                     Docket No. 03883-06
                                     28 June 2007



This is in reference application for con provisions of title J contend, in effect, disorder, which render disability retirement
A three-member panel sitting in executive 2007. Your allegation accordance with adimatrative to the proceedings by the Board consisted submitted in support t regulations and policies

After careful and con the Board found that establish the existed
The Board concluded tl Department of Veteran~ than twenty-five years insufficient to demon~ by reason of physical rate all conditions the period of military se for duty. The military disability ratings on]
your request for further consideration of your section of your naval record pursuant to the
 of the United States Code, section 1552. You that you suffered from posttraumatic stress ~red you unfit for further service and warranted

of the Board for Correction of Naval Records, session, considered your application on 21 June ns of error and injustice were reviewed in admin istrative regulations and procedures applicable this Board. Documentary material considered
 • of your application, together with all material iereof, your naval record and applicable statutes, pol i c ies.
con scientious consideration of the entire record, the evidence submitted was insufficient to ice of probable material error or injustice.
tat your receipt of a disability rating from the Affairs for posttraumatic stress disorder more s after you were released from active duty is demons trate you should have been separated or retired disability. The Board noted that the VA must at were incurred in or aggravated by a veteran’ s e rvice, without regard to the issue of fitness y departments, however, are permitted to assign y 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 physical
disability on 20 February 1968, due to the effects of post trauxnatic stress disorder, there is no basis for granting your request for corrective action. 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 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 PFEIFFER
Executive Director

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