DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 07740-10
19 May 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 19 May
2011. Your allegations of error and injustice were reviewed aii
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.
The Board found that you served on active duty in the Navy from 20
November 2002 to 21 May 2003, when you were discharged by reason of
erroneous entry based on your history of disqualifying mental
disorders which you concealed when you applied for enlistment. The
Department of Veterans Affairs (VA) initially denied your claim for
disability benefits for those conditions, but subsequently granted
your request because you had passed your pre-enlistment physical
examination. The VA acted without regard to the fraudulent nature
of your enlistment or the fact that the physician who conducted your
pre-enlistment physical examination was wrongfully deprived of
material evidence that would have affected his determination of your
qualification for enlistment. Accordingly, and as you have not
demonstrated that you were unfit for duty by reason of physical
disability that was incurred in or aggravated by your brief period
of naval 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,
Rae AY, Sel dhececcse aise
ROBERT D.~“SALMAN
Acting Executive Director
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