DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 01053-11
4 November 2011
Dear x a a alin
Thie 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 3
November 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 23 June 2003 to 15 October
2007, when you were discharged by reason of physical disability due
to bipolar affective disorder. You were assigned a reentry code of
RE-3P, which was the most favorable code authorized at that time for
Sailors discharged by reason of physical disability. The Department
of Veterans Affairs (VA) awarded you a 30% rating and substantial
monthly disability compensation for bipolar affective disorder
effective 16 October 2007.
The report of neurobehavioral evaluation you submitted in support
of your application does not demonstrate that you were misdiagnosed
with bipolar disorder, or that you were discharged from the Navy in
error. The Board noted that the conclusions of the author of that
report were based in large part on his acceptance of the
unsubstantiated representations you made to him. In addition, he did
not state that your condition had been misdiagnosed as a bipolar
disorder.
In view of the foregoing, 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,
\oQen®
W. DEAN PFE
Executive Ditector
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