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NAVY | BCNR | CY2009 | 09175-09
Original file (09175-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

JRE
Docket No. 09175-09
7 June 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 3 June
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 gerved in the Navy from 13 July 1963 to 28 July 1967, when you
were honorably released from active duty and transferred to the Navy
Reserve. The Department of Veterans Affairs (VA) denied your request
for service connection for a mental disorder in 1986, 1988, 1995 and
2009. The VA determined that you did not suffer from a ratable mental
Gisorder that was incurred in or aggravated by your naval service.

As you have not demonstrated that you were unfit to reasonably perform
the duties of your office, grade, rank or rating by reason of physical
disability, the Board was unable to recommend any 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,

Executive Di tor

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