DEPARTMENT  OF THE  NAVY 

B O A R D   FOR  C O R R E C T I O N   O F   NAVAL  R E C O R D S  

2   NAVY  ANNEX 

W A S H I N G T O N   DC  2 0 3 7 0 - 5 1 0 0  

JRE 
Docket No:  3499-00 
25 April 2001 

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  19 April 2001.  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.  In  addition, it considered the 
comments of  your counsel. 

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, the Board  substantially concurred with  the rationale of  the 
hearing panel  of  the Physical Evaluation Board  which  considered your case on 22 May  1996. 
It noted that your  subjective complaints w n ~ r n i n g  the allcgd severity of  your conditions 
were not substantiated by  objective evidence.  It concluded that there was no  more than  mild 
impairment associated with  the rated  conditions.  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 

Enclosure 

ON  31  OCTOBER  1995,  A  MEDICAL  BOARD  WAS  CONVENED AT  THE  NAVAL 
HOSPITAL, CAMP  LEJEUNE,  NORTH CAROLINA IN THE CASE OF THIS 31 YEAR 
OLD MEl4BE.R WITH THE FOLWWING DIAGNOSES: 

. 

( 1 )  OASTF~ESOPHAGEAL REFLUX  DISEASE, 53081 
(2) HYPERTENSION,  4019 
(3) HYPERCHOLESTEROLEMIA, 2720 
(4) CHRONIC HEADACHES, 7840 
(5) IRRITABLE BOWEL.SYNDROME, 5641 
(6) GENERALIZED ANXIETY DISORDER, 30002 
(7) HISTORY OF ALCOHOL ABUSE,  3039 

ON  29  JANUARY  1996,  THE  RECORD  REVIEW  PANEL  OF  THE  PHYSICAL 
EVALUATION BOARD EVALUATED THIS CASE, AND FOUND THE MEMBER TO BE 
UNFIT FOR DUTY WITH A DISABILITY RATING OF 10% UNDER VA CODE 7399- 
7346,  THE RECOMMENDED DISPOSITION WAS SEPARATION FROM ACTIVE DUTY 
THE  MEMBER  DISAGWED  WITH  THESE 
SERVICE  WITH  SEVERANCE  PAY. 
FINDINGS, AND REQUESTED A FORMAL HEARING. 

THE HEARING WAS CONDUCTED ON 22 MAY  1996, AT BETHESDA, MARYLAND, 
COLONEL 
USW  AS 

SNR, AS PRES 
AND  CAPTAIN 
PANEL MEMBERS.  THE MEMBER  WAS REPRESEN 
WANNEMACHER, DISABLED AMERICAN VETERANS. 

THE MEMBER APPEARED IN PERSON AT THE FORMAL HEARING, PETITIONING TO 
BE FOUND UNFIT FOR DUTY WITH A  DISABILITY RATING OF 30% UNDER VA 
CODE 7399-7319, 10% UNDER VA CODE 7101, AND 10% UNDER VA CODE 8100, 
FOR A TOTAL ROUNDED DISABILITY RATING OF 40%,  WITH PLACEMENT ON THE 
TEMPORARY DISABILITY RETIREMENT LIST.  AVAILABLE  TO  THE HEARING. 
PANEL WERE THE CASE FILE, SERVICE RECORD AND HEALTH RECORD.  THERE 
WERE NO ADDITIONAL EXHIBITS ENTERED INTO EVIDENCE. 

AFTER  CAREFUL  REVIEW  OF  ALL  AVAILABLE  EVIDENCE,  THE  PHYSICAL 
EVALUATION BOARD FINDS THE MEMBER TO BE UNFIT FOR DUTY IN THE U* S. 
NAVY  BECAUSE OF  A  CONDITION WHICH  INTERFERES WITH  THE .ADEQUATE 
PERFORMANCE OF REQUIRED MILITARY DUTIES.  THE RECORD DOCUI~NTS THAT 
THE  MEMBER  HAS  THE  FOLLOWING  CONDITIONS  -  CATEGORY  It  (1) 
GASTROESOPHAGEAL  REFLUX  DISEASE,  53081;  (5)  IRRITABLE  BOWEL 
SYNDROME, 5641; CATEGORY 111:  (2) HYPERTENSION, 4019;  (4) CHRONIC 
HEADACHES, 7840; (6) GENERALIZED ANXIETY DISORDER, 30002; CATEGORY 
IV:  (3) HYPERCHOLESTEROLEMIA, 2720;  (7) HISTORY OF ALCOHOL ABUSE, 
3039. 

THE  MEMBER  WAS  DIAGNOSED  WITH  PROBABLE 
IN  JUNE  1994 
GASTROESOPHAGEAL REFLUX  DISEASE, AND  STARTED ON ANTACID THERAPY* 
REFLUX LIKE SYMPTOMS CONTINUED, AND HE UNDERWENT ENDOSCOPY IN JULY 
1994 WHICH WAS NORMAL.  THERE  WAS  NO EVIDENCE  OF ESOPHAGITIS.  THE 
CONDITION WAS POORLY RESPONSIVE TO ZANTAC.  IN OCTOBER 1995 A  PH 
HONITO8 STUDY CONFIRMED PATHOtOGIC REFLUX DISEASE.  THE MEMBER WAS 

Enclosure  (1) 

SCHEDULED TO UNDERGO A LAPROSCOPIC NISSEN FUNDOPLICATION, BUT HE 
DECLINED THE PROCEDURE.  THE GASTROESOPHAGEAL REFLUX DISEASE IN THE 
CASE  OF  THIS  MEMBER  IS  UNFITTING  FOR  DUTY. 
THE  CONDITION  IS 
RATABLE AT 10% UNDER VA  CODE 7399-7346. 
THE MEMBER ALSO  SUFFERS 
WITH  IRRITABLE  BOWEL  SYNDROME  WITH  INTERMITTENT DIARRHEA  UP  TO 
EIGHT  TIMES  PER  DAY  AND  CONSTIPATION.  THERE  WAS  ACCOMPANYING 
~DOMINAL~C&ING  OFTEN IN THE LEFT UPPER QUADRANT.  HE HAS BEEN 
TREATED  WITH  PSPLLIUM  BULKING  AGENT  AND  DIETARY  MODIFICATIWN . 
T H E N   HAS BEEN NO WEIGHT LOSS OR GENERAL DETERIORATION AS A RESULT 
OF THE CONDITION.  HE DOES NOT SOIL HIMSELF.  DUE TO THE NEED TO BE 
WITHIN  REASONABLE  PROXIMITY  TO  A  TOILET  MUCH  OF  THE  TIME,  THE 
CONDITION IS CONSIDERED TO  BE  SEPARATELY UNFITTING  FOR DUTY.  A 
DISABILITY  RATING  OF  10%  IS  ASSIGNED  UNDER  VA  CODE  7319.  THE 
MEMBER HAS EXPERIENCED CHRONIC INTERMITTENT HEADACHES WHICH HAVE 
BEEN CONSIDERED TO BE VASCULAR  (MIGRAINOUS) IN NATURE.  ACCORDING 
TO THE MEDICAL BOARD, THEY DO NOT REPRESENT SIGNIFICANT PATHOLOGY. 
HE HAS A HEADACHE APPROXIMATELY FIVE DAYS PER WEEK.  THEY ARE NOT 
PRESENT  UPON  AWAKENING,  BUT  WORSEN  DURING  THE  DAY  AND  ARE 
ACCOMPANIED BY PHOTOPHOBIA.  THEY PRIMARILY BEGIN AS  RIGHT SIDED 
HEADACHES, RADIATING TO THE OCCIPIT AND VORTEX.  HE HAS NOT SEEN A 
NEUROLOGIST  FOR  THE  HEADACHES. 
THERE  HAS  BEEN  NO  EMERGENCY 
TREATMENT FOR THE HEADACHES.  HE TAKES FIORINAL.  THE CONDITION IS 
NOT SEPARATELY UNFITTING FOR DUTY, AND IS CLASSIFIED AS A CATEGORY 
111.  THE MEMBER HAS A HISTORY OF HYPERTENSION WHICH IS RELATIVELY 
WELL CONTROLLED WITH CALAN  WHICH HE TAXES ON A DAILY BASIS.  THE 
CONTROLLED HYPERTENSION IS NOT UNFITTING FOR DUTY. 

THE 10% RATING UNDER VA CODE 7399-7346 COMBINES WITH THE 10% RATING 
UNDER  VA  CODE  7319,  TO  YIELD  19%,  WHICH  ROUNDS  TO  A  TOTAL 
DISABILITY  RATING  OF  20%.  THE  MEMBER  IS  TO  BE  SEPARATED FROM 
ACTIVE DUTY WITH SEVERANCE PAY.