DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
JRE
WASHINGTON DC 20370-5100
Docket No. 04272-10
16 July 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. You requested, in effect, that
your record be corrected to show that you were separated or
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 28 May 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 found that you
discharged due to the effects of an adjustment disorder, which
rendered you unsuitable for further service, but did net render
you unfit for duty by reason of physical disability. The fact
that the Department of Veterans Affairs (VA) granted your
request for service connection for a mental disorder is not
probative of the existence of error or injustice in your naval
record because the VA determination was made without regard to
the issue of our fitness for military duty. Accordingly, your
application has been denied. The names and votes of the members
of the panel will be furnished upon request.
The Board did not consider your request for correction of your
separation code, as you have not exhausted an available
administrative remedy by applying to the Naval Discharge Review
Board. A DD Form 293 is enclosed for your use in that regard.
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,
lw Doak
W. DEAN PF
Executive
Gor
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