DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 07152-08
lil May 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 7 May 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
exror or injustice.
You enlisted in the Navy on 21 October 2003. Ina memorandum
dated 30: March 2007, a Navy orthopedic surgeon stated that you
had a congenital back condition that can present with low back
pain, and that your condition had failed to improve during a
period of limited duty. In his opinion, your back condition
rendered you unsuitable for further service, rather than unfit
for duty by reason of physical disability. On 21 May 2007, your
commanding officer advised you of his intent to recommend that
you be discharged for the convenience of the government by.
reason of a physical or mental condition which interfered with
your performance of duty. After being advised of your rights in
connection with the proposed discharge, you waived your right to
consult with counsel, submit a statement for consideration by
the separation authority, and to review of your case by the
general court-martial convening authority. You were honorably
discharged for the convenience of the government on 21 June
2007, in accordance with the approved recommendation of your
commanding officer.
The fact that the Department of Veterans Affairs (VA) awarded
you service connection and disability ratings for an adjustment
disorder with depressed mood, a low back condition, and surgical
repair of an inguinal hernia, does not establish that your
discharge is erroneous, because the VA acted without regard to
the issue of your fitness for naval service on the date of your
discharge. As you have not demonstrated that you were unfit to
reasonably perform the duties of your rank or rating on 21 July:
2007, the Board was unable to recommend that you record be
correct to show that you were separated or retired by reason of
physical disability. In addition, the Board noted that
adjustment disorders were not considered to be disabilities
under the laws administered by the military departments, and
were not ratable. ,
In view of the foregoing, 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,
RL tS
AJZ5ALMAN
ROBERT D
Acting Executive Director
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