DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 06638-09
1 October 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 30
September 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 in the Navy from 11 December 2001 tO 11 May 2006 when you
were discharged, without objection from you, for the convenience of
the government due to a physical or mental condition that interfered
with your performance of duty but was not considered disabling.
Reportedly, your depressive symptoms were attributable to stress
associated with being on a submarine. The Department of Veterans
Affairs (VA) awarded you separate disability ratings of 10% for
tinnitus and a depressive disorder effective 12 May 2006. The VA
rating decision indicates that your depressive symptoms had subsided
by December 2006, you were doing well in law school, and that you
no longer took antidepressant medication. A VA physician gave you
were given a diagnosis of adjustment disorder by history. The rating
for the depressive disorder was increased to 30% in 2009.
ea
The Board was not persuaded that you were unfit for duty by reason
of physical disability when you were discharged for the convenience
of the government in 2006. Although you suffered from a depressive
disorder and made a suicide attempt while you were assigned to a
submarine, you were considered unsuitable for military service
rather than unfit by reason of physical disability. The fact that
the VA awarded you disability ratings for ringing in the ears and
agmental disorder is not considered probative of the existence of
grror or injustice.ig your record, because the VA assigned those
watings without regard to the issue of your fitness for military duty.
Accordingly, and as you have not demonstrated that it would be in
the interest of justice to permit you to retain the unearned portion
of your reenlistment bonus, 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,
Ww. D
. DEAN can
Executive Die e
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