DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
ag
2 NAVY ANNEX JRE
WASHINGTON DC 20370-5100 Docket No. 10964-09
14 March 2011
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. You requested that the Secretary of the Navy
declare your discharge erroneous, and that your record be corrected
to show that you were retired by reason of physical disability.
A three-member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your application on 10 March
2011. 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. The Board also
considered the enclosed advisory opinion furnished by a psychiatric
resident assigned to the National Naval Medical Center, and your
response thereto.
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 with
regard to your request for disability retirement. In this
connection, the Board substantially concurred with the comments
contained in the advisory opinion. In addition, it concluded that
your receipt of disability ratings from the Department of Veterans
Affairs (VA) for multiple conditions is not probative of the
existence or error or injustice in your naval record because the VA
awarded those ratings without regard to the issue of your fitness
for naval service at the time of your discharge.
The Board carefully considered your contentions to the effect that
the provisions of MILPERSMAN section 1910-120 were not properly
applied in your case and that your request for counsel was improperly
denied. The Board noted that he provisions of MILPERSMAN you cited
apply to enlisted separations. It was not persuaded that you were
improperly referred for psychiatric evaluation, you were forced to
make a statement against your interest, or that you were suitable
for naval service. The Board did not accept your contention
concerning the alleged denial of your right to appointed counsel for
consultation.
In view of the foregoing, your application has been denied. The
names and votes of the members of the panel will be furnished upon
request.
You are reminded of your right to apply to the Naval Discharge Review
Board for change of the reason and authority for your discharge;
however, the NDRB cannot change the basis of a discharge to physical
disability separation or retirement.
It is regretted that the circumstances of your case are such that
favorable action cannot be taken. You are entitled to have the Board
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,
W. DEAN PFE
Executive D1
Enclosure
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