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NAVY | BCNR | CY2006 | 03397-06
Original file (03397-06.rtf) Auto-classification: Denied
                                    DEPARTMENT OF THE NAVY
 BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


 JRE
Docket No. 03397-06
14 May 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 10 May 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 served on active duty in the Navy from 25 June 1987 to 21 November 1988, when you were discharged because of a congenital arteriovenous malformation (AVM) in your brain that caused seizures. You were discharged without entitlement to disability benefits administered by the Department of the Navy because the condition did not increase in severity beyond natural progression during your period of naval service. On 7 February 1989, the Veterans Administration denied your request for service connection for the AVM and sezizure disorder, based on its independent determination that the disability existed prior to your enlistment, and that it was not aggravated by your service.

As you have not demonstrated that your disability 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,






                                                      W. DEAN PFIEFFER
                                                      Executive Director

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