DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 JRE
Docket No. 06066-09
24 August 2009
ts,
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 13 August 2009. 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 ali 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
24 February 1999 to 14 March 2006 when you were released from
active duty and transferred to the Temporary Disability Retired
List (TDRL) due to migraine headaches. Your were diagnosed with
sleep apnea while you were on the TDRL, and after undergoing
treatment for that condition, you no longer suffered from
migraine headaches. On 10 February 2009, the Physical
Evaluation Board noted the improvement in your condition, and
found you fit for duty. You accepted that finding on 12
February 2009.
The Board did not accept your unsubstantiated contention to the
effect that although you accepted the finding of fitness because
you had not been not properly advised of the consequences of
that decision. Accordingly, and as you have not demonstrated
that you were unfit for duty when the PEB considered your case I
2009, 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,
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