DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
JRE
WASHINGTON DC 20370-5100
Docket No. 08926-07
23 February 2009
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 February 2009. 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
advisory opinion furnished by a designee of the Specialty Leader
for Psychiatry, Bureau of Medicine and Surgery, dated 24 October
2008,a copy of which is attached, and your response thereto.
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. In this connection, the Board substantially
concurred with the comments contained in the advisory opinion;
however, it concluded that that the actions taken in your case
by the Department of Veterans Affairs (VA) do not give credence
to your claim for disability benefits from the Department of the
Navy. The VA based its diagnostic and rating determinations on
its acceptance of your subjective representations concerning
your alleged symptoms. The Board concluded those representations
are self-serving and unworthy of belief. It concluded that in
view of the fraudulent nature of your enlistment, which you
procured by lying about and concealing your disqualifying
medical history, you cannot be considered a reliable historian.
As the Board was not persuaded that you were unfit for duty by
reason of physical disability that was incurred in or aggravated
by your naval service, or that you suffered from posttraumatic
stress disorder prior to your discharge from the Navy, it had no
basis for granting your request for correction of your record to
Show that you were separated or retired by reason of physical
disability. Accordingly, your application has been denied. The
names and votes of the members of the panel will be furnished
upon request.
The Board did not consider your request for re-characterization
of your service as honorable because you did not exhaust an
available administrative remedy by applying to the Naval
Discharge Review Board for upgrade of your general discharge.
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,
Lon Qa. pi
W. DEAN DF
Executive ector
Enclosure
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