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NAVY | BCNR | CY2007 | 02228-07
Original file (02228-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
8OARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100




 JRE
 Docket No. 02228-07
20 March 2008



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 20 March 2008. 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. In addition, the Board considered the comments of your counsel.
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 11 June 1992 to 31 August 2004, when you were voluntarily released from active duty and discharged. You were considered physically qualified for further service and discharge at that time, notwithstanding your history of treatment for a mental disorder. On 18 December 2004, you reenlisted in the Navy Reserve. You apparently became very depressed in December 2005
after being laid off from your civilian job. On 12 April 2006, the Department of Veterans Affairs (VA) awarded you a disability rating of 50% for bipolar disorder, effective from 26 October
2005.
The Board concluded that your receipt of a substantial disability rating from the VA in 2006 is not probative of the existence of error or injustice in your naval record. In this regard, the Board noted that the VA rates all conditions that are incurred in, aggravated by, or traceable to a period of service, and it may assign and/or modify ratings throughout a veteran’s lifetime. The military departments, unlike the VA, are permitted to assign disability ratings only in those cases where a service member is unfit to reasonably perform the duties of his office, grade, rank or rating at the time of separation or retirement. As you have not demonstrated that you were unfit for duty on 31 August 2004, there is no basis for recommending any corrective action in your case. 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 yourcase 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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