DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 03824-07
4 February 2008
Dear Urine, in in.
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 25 January 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.
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 enlisted in the Navy on 20 June 1962.
You completed a Report of Medical History on 26 January 1979 in
connection with a pre-commissioning physical examination, and
denied having a history of nervous trouble of any sort. You
underwent a pre-retirement physical examination on 24 April
1984, and disclosed a history of depression or excessive worry.
The physician who conducted the examination concluded that the
condition had resolved and was not disqualifying. He found you
physically qualified for all duties at sea, on foreign shores
and for retirement. You were released from active duty on 20
June 1984 and transferred to the Retired List the following day.
On 1 February 2007, the Department of Veterans Affairs (VA)
awarded you disability ratings of 30% for generalized anxiety
disorder and major depressive disorder, and 10% for residuals of
a left ankle fracture. The VA denied your request for service
connection for thirteen other claimed disabilities, to include
posttraumatic stress disorder.
The Board was not persuaded that you suffered from posttraumatic
stress disorder at any time during your career in the Navy. In
addition, it concluded that the determination of VA rating
officials that you are not entitled to service connection for
posttraumatic stress disorder is a matter within the purview of
that department, rather than the Department of the Navy.
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,
\s ;
W. DE F
Executive D xr
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