Search Decisions

Decision Text

NAVY | BCNR | CY2009 | 10964-09
Original file (10964-09.pdf) Auto-classification: Denied
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

Similar Decisions

  • NAVY | BCNR | CY2010 | 06003-10

    Original file (06003-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 April 2011. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...

  • NAVY | BCNR | CY2010 | 08672-10

    Original file (08672-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 March 2011. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...

  • NAVY | BCNR | CY2001 | 03165-01

    Original file (03165-01.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 June 2001. Although you were diagnosed a suffering from several mental disorder at that time, the only condition considered disabling was a psychotic disorder, not otherwise specified, which the Physical Evaluation Board (PEB) determined existed prior to service (EPTS), and was not service aggravated. Consequently, when applying for a correction of an official...

  • NAVY | BCNR | CY2008 | 07559-08

    Original file (07559-08.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 September 2008. In a letter dated 29 November 1999, a psychiatrist with a Louisiana State University student health center stated that you had an organic mental disorder with depression and a personality disorder, both secondary to a severe head injury you suffered as a teenager. Consequently, when applying for a correction of an official naval record, the...

  • NAVY | BCNR | CY2008 | 03938-08

    Original file (03938-08.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 30 October 2008. In order to be eligible for disability separation or retirement from the Navy, a Sailor must be unfit to reasonably perform the duties of his office, grade, rank or rating by reason of physical disability. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...

  • NAVY | BCNR | CY2010 | 04425-10

    Original file (04425-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 February 2011. You enlisted in the Navy on 21 September 2005. 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.

  • NAVY | BCNR | CY2007 | 02133-07

    Original file (02133-07.pdf) Auto-classification: Denied

    The Board noted that you will be entitled to retired pay at age 60 as a former member of the Navy Reserve. Although you suffered from a number of medical conditions during your period of naval service, to include the mild left ventricular hypertrophy, a cervical spine condition, and controlled sleep apnea, which the VA rated at 30, 30 and 503%, respectively, there is no indication in the available records that any of those conditions Significantly impaired your ability to perform your...

  • NAVY | BCNR | CY2008 | 03293-08

    Original file (03293-08.pdf) Auto-classification: Denied

    ; A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 June 2009. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...

  • NAVY | BCNR | CY2008 | 00916-08

    Original file (00916-08.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 January 2009. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...

  • NAVY | BCNR | CY2009 | 07689-09

    Original file (07689-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 September 2009. It concluded that your receipt of disability ratings and a non- service connected pension more than thirty years after you were discharged from the Navy is not probative of your contention that you should have been separated or retired by reason of - physical disability in 1970.Accordingly, your application has been denied. Consequently, when...