DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 11518-10
19 August 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 18
August 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 enlisted in the Navy on 29 August 2000. It appears that you
enlistment was fraudulent in that you failed to disclose a
potentially disqualifying history of recurrent skin ulceration.
On 31 March 2003 the Physical Evaluation Board (PEB) found you fit
for duty notwithstanding your condition of recurrent aphthous
ulcers/ stomatitis. You were honorably discharged for the
convenience of the government on 15 August 2003. On 16 December 2003
the Department of Veterans Affairs (VA) awarded you a combined rating
of 40% for an adjustment disorder, the disease which caused the
stomatitis/ulcers, and anemia related to the treatment therefor.
Your receipt of disability compensation from the VA is not probative
of the existence of error or injustice in your naval record because
the VA made that award without regard to the issue of your fitness
for military duty. In addition, adjustment disorders, although
ratable by the VA, are not considered to be a disability by the
military departments. 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 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,
Nuh
W. DEAN PFET¥
Executive Di
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