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NAVY | BCNR | CY2007 | 07975-07
Original file (07975-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


 JRE
 Docket No. 07975-07
3 June 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 30 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 20 June 1988 to 15 August 1989, when you were voluntarily discharged by reason of pregnancy. Although you were diagnosed with posttraumatic stress disorder prior to your discharge, the available records do not establish that you were unfit to reasonably perform the duties of your rank by reason of physical disability because of the effects of that condition. In addition, the Board noted that you had subsequent enlisted service in the Navy Reserve, and that you Navy Reserve health record, which was obtained from the Department of Veterans Affairs (VA), shows that you denied having a history or current symptoms of any mental disorders on 23 November 1994 and 28 February 1995, when you completed reports of medical history.

The fact that the VA awarded you disability compensation for posttraumat i c stress disorder on 11 December 2007 is not probative of the existence of error or injustice in your Navy record, as the VA made that award without regard to the issue of your fitness for military duty on 15 August 1989. In the absence of evidence which demonstrates that you were unfit for duty on the latter date, there is no basis for granting your request. 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 Director

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