DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 13150-09
1 October 2010
A
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 2
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 on active duty in the Navy from 1 July 1992 to 18 November
1994, when you were discharged for the convenience of the government
by reason of a personality disorder that rendered you
administratively unsuitable for naval service. On 25 September
1995, the Department of Veterans Affairs (VA) awarded you a
disability rating of 10% for a depressive disorder.
The available records do not demonstrate that you were unfit for duty
by reason of physical disability on 18 November 1994, or that your
unsuitability was related to a depressive disorder rather than a
personality disorder. Your receipt of a disability rating from the
VA is not probative of the existence of error or injustice in our
naval record, because the VA assigned that rating without regard to
the issue of your fitness for military duty on the date of your
discharge from 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,
) Mean?
W. DEAN PFHIF
Executive rettor
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