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Decision Text

NAVY | BCNR | CY2006 | 07212-06
Original file (07212-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON
DC 20370-5100



JRE
Docket No. 07212-06
4 September 2007



This is in reference to your a~p1icatjon 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 30 August 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 on active duty in the Navy from 16 February 1965 to 15 April 1966, when you were discharged by reason of physical disability because of a mental disorder that existed prior to your enlistment and was not aggravated by your brief period of active service. Following your discharge, the Veterans Administration (VA) denied your request for service connection for the mental disorder, and has confirmed that denial on multiple occasions over the past forty years. The VA independently determined that the disorder was not incurred in or aggravated by your naval service.

The Board was unable to accept your unsubstantiated contention to the effect that your mental disorder did not exist prior to your enlistment. 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 an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice.

Sincerely,

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