DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON Dc 20370-5100 JRE
Docket No. 01189-10
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. In
this regard, the Board was unable to find any basis for correcting
your record to show that you were exposed to various harmful
substances at unspecified times during your naval service, or that
you were unfit for duty by reason of physical disability due to
posttraumatic stress disorder when you were released from active duty
in 1989. 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
paranoid traits. On 7 May 2009, the Department of Veterans Affairs
(VA) awarded you disability ratings of 30% for major depressive
disorder, 10% for tinnitus, 10% for gastroesophageal reflux disease,
and 0% for a right knee condition, for a combined rating of 40%
effective 24 June 2008, the date of your original claim.
The Board was not persuaded that you were unfit for duty by reason
rE physical disability on 12 December 2006, when you were discharged
fo the convenience of the government. Your receipt of substantial
@isability ratings from the VA is not probative of the existence of
error or injustice in your naval record because the VA assigned those
ratings without regard to the issue of your fitness for military duty
at the time of separation. Accordingly, and as you have not
Gemonstrated 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,
Le) Du QI)
W. DEAN P R
Executive rector
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