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NAVY | BCNR | CY2007 | 03938-07
Original file (03938-07.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

JRE
Docket No. 03938-07
9 May 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 8 May 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 served on active duty in the Marine
Corps from 9 May to 18 June 1974, when you were discharged
because of your inability to expend efforts constructively. On
4 April 1997, the Department of Veterans Affairs (VA) denied
your request for service connection for anxiety reaction,
paranoid schizophrenia and posttraumatic stress disorder. VA
rating officials determined that there was no evidence of an

anxiety reaction subsequent to your discharge, you were not
diagnosed with schizophrenia until 1991, and that there was not
a confirmed diagnosis of posttraumatic stress disorder. The VA
affirmed the denial of your request for service connection for
those conditions on 19 August 2003.

In the absence of evidence which demonstrates that you were
unfit for service by reason of physical disability that was
incurred in or aggravated by your brief period of naval service,
the Board was unable to recommend 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 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,
re es fom

ROBERT D.~ZSALMAN
Acting Executive Director

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