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NAVY | BCNR | CY2006 | 04265-06
Original file (04265-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100



 JRE
 Docket No. 04265-06
2 July 2007



Dear
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 21 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.
The Board found that you served as a midshipman at the Naval Academy from 28 June to 22 December 1961, when you were discharged pursuant to the approved findings of a board of medical survey that you were unfit for service by reason of physical disability because of an acute conversion reaction. Following your discharge, the Department of Veterans Affairs (VA) awarded you service connection and a 0% rating for a conversion reaction with psychogenic features, effective from 28 January 1963. The VA has denied your requests for service connection for many other conditions it determined were not incurred in or aggravated by your brief period of naval service .

The Board rejected your unsubstantiated contention to the effect that your condition was misdiagnosed by the board of medical survey, that you did not receive proper medical treatment, and that you were discharged in error. Accordingly, your application has been denied. The names and votes of the members of the panel will be furnished upon request.


The Board did not consider your request for disability retirement because Congress excluded cadets and midshipmen from the provisions of title 10, U.S. Code, chapter 61, “Physical Disability”. In addition, as the Board has no authority to direct the VA to assign disability ratings, confirm ratings that have been assigned by the VA, or direct the VA to prepare a “clean record”, it did not consider your request for correction of your VA record.
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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