DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 09989-07
26 September 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 25 September 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 underwent a pre-retirement physical
examination on 24 May 1991, and were found physically qualified
for retirement. You completed a Report of Medical History in
connection with that examination, and denied suffering from
depression or excessive worry, frequent trouble sleeping, and
nervous trouble of any sort. You were released from active duty
on 31 July 1991, and transferred to the Fleet Marine Corps
Reserve. The Department of Veterans Affairs (VA) granted you
service connection for posttraumatic stress disorder and several
other conditions on 9 July 1997.
Although you currently suffer from posttraumatic stress disorder
and other disabilities, you have not demonstrated that you were
unfit for duty by reason of physical disability when released
from active duty. Accordingly, your application has been denied.
The names and votes of the members of the panel will be
furnished upon request.
As you may be entitled to combat-related special compensation
(CRSC) for posttraumatic stress disorder and other disabilities,
you should consider submitting an application for CRSC to the
CRSC Board, Secretary of the Navy Council of Review Boards.
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,
eae
W. DEAN PF
Executive D or
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