DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEA
WASHINGTON DC 20370-5100 .
ORE
Docket No. 05634-08
3 August 2009
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10 Sf the
United States Code, section 1552.
AR three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 9 July 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.
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 29 December
1998. On 12 September 2000, a medical board gave you a
diagnosis of bipolar affective disorder, which did not exist
prior to entry (DNEPTE), and was not service aggravated (NSA).
aggravated by your naval service. That finding was apparently
based in part on your belated disclosure of a pre-service
history of psychiatric counseling. You were discharged by reason
of physical disability on 21 December 2000, without entitlement
to disability benefits administered by the Department of the
Navy, in accordance with the approved findings of the PEB. On 9
November 2001, the Department of Veterans Affairs (VA) awarded
you a 10% rating for bipolar disorder.
Although the medical board and the VA concluded that your
condition did not exist prior to your enlistment, the Board was
not persuaded that the PEB erred in determining that your
condition was not ratable. The Board noted that it is the
responsibility of the PEB, rather than the medical board, to
determine if an unfitting condition is ratable. In addition,
the Board is not bound by VA rating determinations.
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,
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