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Decision Text

NAVY | BCNR | CY2008 | 11013-08
Original file (11013-08.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

JRE
Docket No. 11013-08
24 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 20 November 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.

The Board found that you underwent a pre-enlistment physical
examination on 18 March 1968, and disclosed a history of
unspecified “nervous trouble”. When asked about the nature of
that trouble, you stated that you had been “shaky”. You
enlisted in the Navy Reserve on 9 July 1968, and began a period
of active duty for training on 21 July 1968. You were examined
and found physically qualified on 9 and 18 September 1968. There
ig no indication in your naval health record that you were
displaying symptoms of a significant mental disorder on either
of those dates. You were released from active duty on the 18
September 1968. You were hospitalized at a civilian facility on
3 December 1968 and given a diagnosis of schizophrenia. You
were discharged from the Navy Reserve on 23 May 1969 by reason
of physical disability, without entitlement to disability
benefits administered by the Department of the Navy. The
specific basis was your diagnosis of schizophrenic reaction,
catatonic type, which was not incurred in or aggravated by your
naval service. On 11 April 1972, the Board of Veterans Appeals
determined that the schizophrenic reaction was not service
connected, and denied your request for disability benefits for
that disorder.

The Board concluded that the available records are insufficient
to demonstrate that you were unfit for duty on 18 September 1968
due to a mental disorder was incurred in or aggravated by your
service on active duty for training in the Navy Reserve.
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,

\Soae

W. DEAN P R
Executive D tor

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