DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 01715-07
4 February 2008
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 January 2008. 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 21 July 2003,
and experienced a generalized tonic clonic seizure on 6 August
2003. After being evaluated by a neurologist and undergoing an
electroencephalogram, which yielded no abnormal findings, you
were given a diagnosis of an idiopathic seizure that was not
related to the local anesthetic you had received prior to
undergoing a dental procedure on 6 August 2003 or pain
medication you took following that procedure. You were
discharged from the Navy on 21 August 2003 because of the
seizure, which was considered disqualifying for naval service.
On 13 February 2006, the Department of Veterans Affairs (VA)
denied your request for service connection for a seizure
disorder because you had been symptom free since August 2003,
and did not have a current diagnosis of a seizure disorder.
The Board found the medical evidence you submitted in support of
your application insufficient to demonstrate that you did not
have an idiopathic seizure on 6 August 2003. The fact that you
have been seizure free since 6 August 2003, and that a nurse
practitioner believes that the condition was provoked by
novocaine injections, do not effectively contravene the opinion
of the neurologist who examined you prior to your discharge, and
gave you the diagnosis of an idiopathic seizure. 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,
\WSaon sey:
W. DEAN PFE
Executive D or
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