DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX Docket No. 05392-10
WASHINGTON DC 20370-5100 11 April 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 31 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.
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 20 January 2005 to 18 July
2006, when you were discharged for the convenience of the government
by reason of a personality disorder. As your commanding officer did
not recommended you for further service, you were assigned a reentry
code of RE-4, as required by governing directives. On 11 March 2010,
the Department of Veterans Affairs (VA) awarded you a disability
rating of 30% for posttraumatic stress disorder that was related to
a motor vehicle accident in which you had been involved.
Your receipt of disability compensation from the VA is not probative
of the existence of error or injustice in your naval record. The
VA granted that compensation based on the existence of that
condition, and without regard to the issue of your fitness for duty
at the time of your discharge. As you may know, the military
departments are permitted to assign disability ratings only in those
cases where the service member has been found unfit to reasonably
perform the duties of his office, grade, rank or rating by reason
of physical disability. The Board was not persuaded that you were
unfit for duty by reason of physical disability on 18 July 2006
because of the effects of posttraumatic stress disorder, or that the
diagnosis which resulted in your discharge is erroneous.
Accordingly, and as you have not demonstrated that your commanding
officer should have¢ecommended you for further service, 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,
WR tara
Executive Di
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