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

JRE
Docket No. 08920-05
12 January 2007

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 11 January 2007. 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 you enlisted in the Navy on 16 January 1973. You were evaluated by a private psychiatrist on 6 August 1974, and given diagnoses of adolescent adjustment reaction with manifestations of acute anxiety and depressive features, and passive-aggressive personality disorder. You underwent a perspirations physical examination on 15 November 1974, and were found physically qualified for active duty at sea and/or on foreign shores. You were discharged by reason of unsuitability on 18 November 1974. Following your discharge, the Veterans Administration (VA) denied your request for service connection for a mental disorder. The VA subsequently determined that you are disabled by a mental disorder that was not related to your service in the Navy.

In the absence of evidence which demonstrates that you were unfit for duty by reason of physical disability that was incurred in or aggravated by your naval service, the Board was unable to recommend any corrective action in your case. 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,

ROBERT D.ZSALMAN
Acting Executive Director

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