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DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 ,
JRE
Docket No. 00734-08
4 November 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 16 October 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.
On 6 April 2007, the Physical Evaluaton Board (PEB) reviewed
your case and found you unfit for duty by reason of physical
disability because of enuresis with dysfunctional voiding, which
it rated at 20% disabling. The PEB also determined that you
suffered from a number of category III conditions that were not
separately unfitting and did not contribute to the unfitting
condition, to include panic disorder, infertility, a dry eye
condition, polycystic ovary disease, and obsessive compulsive
disorder which existed prior to your enlistment. You were
discharged by reason of physical disability on 30 May 2007, with.
entitlement to severance pay, in accordance with the approved
findings of the PEB. Effective 31 May 2007, the Department of
Veterans Affairs (VA) granted you a 30% disability rating for an
adjustment disorder, and 0% ratings for polycystic ovarian
syndrome and residuals of Stevens-Johnson syndrome. The VA.
denied your request for service connection for the voiding
disorder, as that condition no longer existed.
Your receipt of a 30% rating from the VA for an adjustment
disorder is not probative of the existence of error or injustice
in your naval record. In this regard the Board noted that under
the laws administered by the military departments at the time of
your discharge, an adjustment disorder was not considered to be
a disability. In addition, you have not demonstrated that you
suffered from an unfitting mental disorder while on active duty
in the Navy. Accordingly, and as you have not demonstrated that
you should have received disability ratings for one or more of
the category III conditions considered by the PEB, 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,
Loe
W. DEAN PFET
Executive Di r
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