DEPARTMENT OF THE NAVY
			BOARD FOR CORRECTION OF NAVAL RECORDS
				      2 NAVY ANNEX
				WASHINGTON DC 20370-51 00

	JRE
Docket No. 09126-04
3 March 2006

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 24 February 2006. 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.

The Board found that on 26 April 2002, the Physical Evaluation Board made preliminary findings that you were unfit for duty due to bipolar disorder, that existed prior to your enlistment, and was aggravated during your period of service. The PEB rated the condition at 10%. You accepted those findings on 20 May 2002, contingent upon your being retained on active duty until 19 July 2002. The contingency was accepted, and you were discharged by reason of physical disability on 19 July 2002, with entitlement to disability severance pay.

The Board carefully considered the fact that the Department of Veterans Affairs (VA) awarded you a 50% rating for bipolar disorder on 29 August 2003, but found it insufficient to warrant any corrective action in your case. The Board noted that the VA rating was based, in large part, on the results of an examination conducted after your were discharged from the Navy. It was not persuaded that your condition should have been rated in excess of 10% disabling at the time of your discharge. 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 PFEIFFER
	Executive Director