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NAVY | BCNR | CY2008 | 11594-08
Original file (11594-08.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
JRE

WASHINGTON DO 20370-5100 .
Docket No. 11594-08
15 June 2009

 

 

feeb tig:

ice

 

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 11 June 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 Reserve on 23
February 1963, and served on extended active duty from 4 July

1964 to 21 July 1966. You enlisted in the Regular Navy 10 April

1967. You were hospitalized on 5 June 1968 and given a diagnosis
of situational reaction that was thought to be related to your
experiences aboard the USS Forrestal on 29 July 1967 when a
major fire occurred and caused hundreds of deaths and non-fatal
casualties. You were returned to full duty on 12 June 1968 and
considered fit for duty in any billet not aboard the Forrestal.
You underwent a pre-separation physical examination on 2 April
3969 and were found £it for separation. The report of that
examination does not indicate that you were suffering from
symptoms of an anxiety disorder on that date. You were released
from active duty on 11 April 1969 at the expiration of your term
of service. On 19 February 1976, the Veterans Administration
(VA) awarded you a disability rating of 10% for residuals of a
meniscectomy, right knee. The available records from the VA do
not indicate that you submitted for a claim for any conditions
incurred as a result of the fire on the USS Forrestal.

The Board was not persuaded that you were unfit to reasonably
perform the duties of your office, grade, rank or rating by
reason of physical disability on 11 April 1969. The fact that
the VA granted you a disability rating in 1976 is not probative
of the existence of error or injustice in your naval record
because that rating was assigned without regard to the issue of
your fitness for military duty on 11 April 1969. Accordingly,
the Board denied your application. 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,

TR ded
era__W. DEAN ho

Executive Director

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