DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 11251-07
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 enlisted in the Navy on 1 June 1992.
It appears that your enlistment was fraudulent, in that you
procured it by failing to disclose your history of depression
and suicide attempts, to include an attempted hanging. On 16
April 1996, the Physical Evaluation Board (PEB) made preliminary
findings that you were unfit for duty because of major
depression, which it rated at 30% less a 10% existed prior to
entry (EPTE) factor, for a final rating of 20%. You accepted
those findings on 8 May 1996, and were discharged with
entitlement to disability severance pay on 21 June 1996.
Effective 22 June 1996, the Department of Veterans Affairs (VA)
awarded you a rating of 10% for the depressive disorder.
Your belief that the PEB determined that your mental disorder
was not aggravated by your service is erroneous. As indicated
above, you were given a final rating of 20% for an EPTE
condition that was aggravated by your service in the Navy. In
the absence of evidence which demonstrates that your final
disability rating of 20% was erroneous or unjust, there is no
basis for recommending 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,
W. EAN PF
Executive or
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