DEPARTMENT OF THE NAVY, ,,,
BOARD FOR CORRECTION OF NAVAL RECQRDS
mperecenmgeniil BBBket No. 04174-10
WASHINGTON DC 20370-5100 18 February 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.
A three-member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your application on 17
February 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.
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 found that your entitlement to disability
compensation from the Department of Veterans Affairs for
posttraumatic stress disorder effective 19 January 2000 does not
establish that you were unfit for duty by reason of physical
disability when you were discharged from the Navy in 1973. In the
absence of evidence which demonstrates that you were unfit for duty
in 1973, the Board was unable to take favorable action on your
request. 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,
\)
W. DEAN PFERF
Executive Dtre
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