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NAVY | BCNR | CY2007 | 04454-07
Original file (04454-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

                                                      


                                                      JRE
                                                                                           Docket No. 04454-07
                                                                                          7 April 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 3 April 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 Navy from 28 October 1986 to 17 July 1987, when you were- discharged by reason of physical disability, without entitlement to severance pay, in accordance with the approved findings of the Physical Evaluation Board that you were unfit for service because of the effects of a mental disorder which existed prior to your enlistment and was not aggravated by your naval service.
Your belief that you would have been fit for duty if you had been properly medicated was considered insufficient to warrant correcting your record to show that you were retained on active duty rather than discharged in 1987. Your psychiatric condition was disqualifying for naval service, and it is unlikely that you would have been permitted to enlist had you disclosed the history of that condition when you applied for 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,


W.       DEAN PFEIFFER
Executive Di rector

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