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NAVY | BCNR | CY2006 | 03943-06
Original file (03943-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


 JRE
Docket No. 03943-06
12 June 2007










De ar

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 7 June 2007. 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. In this connection, the Board found that although you were diagnosed as suffering from a depressive disorder while serving in the Navy, you were not considered to be unfit for duty because of the effects of that disorder. The fact that the Department of Veterans Affairs (VA) awarded you disability compensation for a depressive disorder is not probative of the existence of error or injustice in your Navy record, because the VA awards disability ratings without regard to the issue of fitness for military duty. In addition, the Board concluded that even if you had been unfit for duty because of a depressive disorder, it is unlikely that you would have been entitled to disability benefits administered by the Department of the Navy because the disorder existed prior to your enlistment, which you fraudulently procured by failing to your history of depression and use of psychiatric medication.

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,




                                                               W DEAN PFEIFFER
                                                               Executive Director

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