DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
“2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 03779-08
19 March 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 5 March 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. The Board was unable to obtain your
naval health record from its custodian, the Department of
Veterans Affairs.
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 28 December
1987. On 8 August 1989, a medical board gave you a diagnosis of
posttraumatic stress disorder, which existed prior to your
enlistment and was not aggravated by your naval service. The
medical board recommended that you be discharged without
entitlement to disability benefits administered by the
Department of the Navy. On 31 August 1989 you certified that
the findings and recommendation of the medical board had been
explained to you, that you had been advised that you were
entitled to a hearing before the Physical Evaluation Board if
you demanded one, and that unless you demanded a hearing you
would be discharged from the Navy without entitlement to
disability compensation. You also certified that you had
voluntarily waived your right to a hearing before a PEB, and
requested that you be administratively discharged as soon
possible. You were discharged pursuant to your request and the
approved recommendation of the medical board On 27 September
1989.
The Board was not persuaded that you were unfit for duty by
reason of physical disability that was incurred in or aggravated
by your period of naval service. 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 correction of your
record to show your present name as that is an administrative
matter within the purview of the National Personnel Records
Center, which has custody of your military personnel file.
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,
Wenzel
W. DEAN PFE
Executive D or
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