DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 06089-09
26 April 2010
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 15 April 2010. 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.
You served on active duty in the Navy from 25 May 1993 to 7
September 1994, when you were discharged by reason of pre-
existing physical disability, without entitlement to disability
benefits administered by the Department of the Navy. On 25 March
1996, the Department of Veterans Affairs (VA) awarded you a
rating of 10% for multiple non-compensable disabilities that
were rated individually at 0% as stress induced arthritis,
migraine headaches and nightmare disorder. The VA denied your
request for service connection for patellofemoral syndrome,
clinical depression, personality disorder and posttraumatic
stress disorder.
In the absence of evidence which demonstrates that you were
unfit for duty by reason of physical disability that was
incurred in or aggravated by your naval service, the Board was
unable to recommend corrective action in your case. 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,
Las
W. DEAN E
Executive ctor
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