DEPARTMENT CF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORBRE
2 NAVY ANNEX Docket No. 2706-11
WASHINGTON DC 20370-5100 5 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 4 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 poeliczes.
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 confirmed the previous determination that
since you were not released, separated, retired or discharged from
active duty as a result of being found unfit for duty due to
posttraumatic stress disorder, you do not qualify as a member of the
class of plaintiffs in the case of Sabo et al v. United States.
Accordingly, and as you have not demonstrated that you were entitled
to a disability rating of 50% or higher for posttraumatic stress
disorder when you were discharged by reason of physical disability
in 2007, 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,
Leah
t
W. DEAN ‘PF
Executive x r
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