DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
					 2 NAVY ANNEX
                                                                                              WASHINGTON DC 20370-5100 

										               JRE
Docket No. 01441-04
13 August 2004

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 5 August 2004. 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 you 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. In this connection, it rejected you unsubstantiated contention to the effect that you were unfit for service by reason of physical disability because of the effects of a mental disorder when you were discharged from the Navy on 3 November 1993. It noted that no mental disorder was diagnosed on 27 May 1993, when you underwent psychiatric evaluation. In addition, you denied having a history of any symptoms of a mental disorder on 13 October 1993, when you underwent your preseparation physical examination. The fact that you have been given a number of psychiatric diagnoses in the years following your discharge is insufficient to demonstrate that you were unfit for duty in 1993. Accordingly, 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,

W. DEAN PFIEFFER
Executive Director