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NAVY | BCNR | CY2013 | NR2796 13
Original file (NR2796 13.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
701 5. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

 

JRE
Decket No. 2796-13
S January 2014

 

This is in reference to your application Ter 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 9 January 2014. 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 Bo
consisted of your application, together with all material
submitted in support thereof, your naval record and appl
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 12 to 22 August 1975
when you were discharged by reason of unsuitability due to
enuresis, whichis a condition not considered a disability under
the laws administered by the military departments.

There is no indication in the available records that you were
unfit for duty by reason of physical disability that was
incurred in or aggravated by your 11 days of service. In
addition, that the Department of Veterans Affairs (VA) awarded
you a disability rating for anxiety almost forty years after
you were discharged from the Navy was not considered probative
of error or injustice in your naval record because the VA acted
without regard to the issue of your fitness for naval service
in 1975. Accordingly, your application has been denied. The

names and votes of the panel members will be furnished upon

request.

It is regretted that the circumstances of your case are such
that favorable action cannot be taken. You are entitledto have
the Board reconsider its decision upon submission of new and
material evidence or other matter not previously considered by
the Board. Inthis 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,

Pee

ROBERT D. ZSALMAN
Acting Executive Director

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