DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20376-5100
JRE
Docket No. 06129-09
23 December 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 10 December 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 served on active duty in the Navy from
7 May 1981 to 1 December 1983, when you were discharged for the
convenience of the government by reason of other physical mental
condition-personality disorder.
The Board could not find any indication in the available records
that you were unfit to reasonably perform your duties by reason
of physical disability at the time of your discharge. In_
addition, it noted that the determination of whether or not a
condition is “service connected” is a matter within the purview
of the Department of Veterans Affairs rather than the Department
of the Navy. 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,
Laud
W. DEAN P
Executive cto
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