DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 08905-09
8 June 2010
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.
sitting in executive session, considered your application on 3 June
2010. 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.
You enlisted in the Navy on 8 April 2002. On 28 October 2003 you
acknowledged that there had been no significant medical problems
since your last physical exam, and a medical officer certified that
you had been found physically qualified for separation, and had no
debilitating or disqualifying disease. You were discharged on 31
October 2003 by reason of alcohol abuse rehabilitation failure.
Pffective 1 November 2003, the Department of Veterans Affairs (VA)
awarded you disability ratings of 30% for migraine headaches and 50%
for depression that was related to the headaches. The VA determined
that you were unemployable effective 19 May 2009.
Your receipt of disability ratings from the VA for migraine headaches
and related depression is not probative of the existence of material
error or injustice in your Navy record, because the VA assigned those
ratings without regard to the issue of your fitness for military duty
on 31 October 2003. As you were found physically qualified for
separation from the Navy, and have not demonstrated that you were
unfit to reasonably perform the duties of your office, grade, rank
or rating by reason of physical disability on that date, 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 P
Executive
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