DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 09500-09
7 June 2010
This ig 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. ,
BR three-member panel of the Board for Correction of Naval Records,
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 5 July 2006, and experienced headaches
during your first two weeks of service. You were ultimately given
a diagnosis of migraine headaches and referred to the Physical
Evaluation Board (PEB). On 3 May 2007, PEB made preliminary findings
that you were you unfit for duty because of common migraines without
aura, which were not ratable because they had existed prior to your
enlistment and were not aggravated by naval service, You apparently
concurred with those findings, as you accepted them on 10 May 2007,
and waived your right to a formal hearing before the PEB. You were
discharged in accordance with your request on 11 July 2007.
In the absence of evidence which demonstrates that you were unfit
for duty by reason of physical Gisability that 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,
\o\deasp,
W. DEAN PFE
Executive D r
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