DEPARTMENTOFTHE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAV Y ANNE X
WASHINGTON DC 20370.510
0
JRE
Docket No: 8
14 November 2002
116-02
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 31 October 2002. Your allegations of error and
injustice were reviewed in accordance with administrative regulations and procedures
applicable to the proceedings of this Board.
consisted of your application, together with all material submitted in support thereof, your
naval record and applicable statutes, regulations and policies.
Documentary material considered by the Board
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.
(TDRL) with a 30% rating for migraine
The Board found that you were released from active duty on 4 November 1994, and
transferred to the Temporary Disability Retired List
headaches. You reported that your headaches had dramatically improved while on the
TDRL, with a decrease in severity and frequency. You indicated that you did not require
prophylactic medication, and that you were able to “work through” your headaches. You also
stated that you wanted to return to active duty. On 26 July 1996, the Physical Evaluation
Board (PEB) made preliminary findings that you remained unfit for duty, and that you
headache condition was ratable at 10%. As you did not reply to the notification of the
proposed findings, your acceptance was presumed. On 30 September 1996, the President,
PEB, directed that action be taken to effect your discharge with entitlement to severance pay.
The fact that the Department of Veterans Affairs (VA) has awarded you a substantially higher
rating for your headache condition than did the Department of the Navy was not considered
In this regard, the Board noted that the
probative of error or injustice in your naval record.
Navy rating was based on the symptoms your disclosed when you underwent a periodic
physical examination on 21 May 1996. The Board was not persuaded that the frequency and
severity of the headaches you reported at that time warranted a rating in excess of 10%.
Accordingly, your application has been denied.
panel will be furnished upon request.
The names and votes of the members of the
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
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