DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 06753-08
23 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 12 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.
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 were released from active duty and
transferred to the Temporary Disability Retired List (TDRL) on 1
July 2004 due to obsessive compulsive disorder and social
phobia, which were rated togetner at 30% disabling. On 28 March
2008 the Physical Evaluation Board (PEB) made preliminary
findings that you remained unfit for duty and that your
conditions were ratable at 10% disabling. As you did not
respond to the notification of those findings, the PEB presumed
that you accepted them. Your case was finalized by the PEB on
10 June 2008.
As your condition was rated at 10% disabling as of 10 June 2008,
you were not entitled to remain on the TDRL. Accordingly, and as
you have not demonstrated that your disability should have been
rated at 30% or higher at that time, 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,
Sond ;
W. DEAN PFBYFRARR
Executive ector
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