Search Decisions

Decision Text

NAVY | BCNR | CY2009 | 09500-09
Original file (09500-09.pdf) Auto-classification: Denied
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

Similar Decisions

  • NAVY | BCNR | CY2009 | 11951-09

    Original file (11951-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on.14 January 2010. The Board concluded that your receipt of a VA disability rating for migraine headaches is not probative of the existence of error or injustice in your Navy record. 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.

  • AF | BCMR | CY2006 | BC-2006-01851

    Original file (BC-2006-01851.DOC) Auto-classification: Denied

    A Medical Board Report, dated 21 August 2003, diagnosed the applicant with migraines and referred her records to an Informal Physical Evaluation board (IPEB). On 11 September 2003, the Secretary of the Air Force directed the applicant be separated from active duty for physical disability due to a condition that existed prior to service. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not...

  • NAVY | BCNR | CY2002 | 07396-01

    Original file (07396-01.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application OR 22 August 2002. You also received multiple ratings of 0% and one of 10 % for The Board was not persuaded that your mood disorder was ratable above 30% disabling at the time of your permanent retirement. 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...

  • NAVY | BCNR | CY2004 | 04130-04

    Original file (04130-04.doc) Auto-classification: Denied

    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. Subj: REQUEST FOR COMMENTS AND RECOMMENDATIONS IN THE CASE 4. Hence, in the absence of evidence to the contrary, it does not appear that petitioner’s Migraine Headaches were due to the Seizure condition for which he was determined to have been unfit by the PEB.

  • NAVY | BCNR | CY2002 | 08116-02

    Original file (08116-02.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 31 October 2002. consisted of your application, together with all material submitted in support thereof, your naval record and applicable statutes, regulations and policies. 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.

  • NAVY | BCNR | CY2006 | 02099-06

    Original file (02099-06.rtf) Auto-classification: Denied

    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 on 23 April 2004, the Physical Evaluation Board (PEB) made preliminary...

  • NAVY | BCNR | CY2009 | 06066-09

    Original file (06066-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 August 2009. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate...

  • NAVY | BCNR | CY2001 | 04548-00

    Original file (04548-00.pdf) Auto-classification: Denied

    As noted by diagnosis of migraine that in itself is not synonymous with disability the member's headaches are "generally not Even stipulating arguendo that the member has a headaches the evaluating physician, incapacitating and she is able to continue working through the pain." The member also testified that No one has found any reason for The member has had a CBC, bone panel, HLAB-27, all of which have been within normal limits The member has had two epidural injections 5/5 in all muscle...

  • ARMY | BCMR | CY2009 | 20090013428

    Original file (20090013428.txt) Auto-classification: Denied

    The applicant provides, in support of his application, a self-authored statement, PEB and Medical Evaluation Board (MEBD) Proceedings, deployment orders, separation orders, his discharge document, and VA medical records and rating decision. c. Based on a review of the medical evidence of record the PEB found the applicant physically unfit, recommended a combined rating of 20%, and separation with severance pay, if otherwise qualified. c. On 14 August 2007 an informal PEB found the...

  • ARMY | BCMR | CY2014 | 20140009962

    Original file (20140009962.txt) Auto-classification: Denied

    The applicant requests correction of her military records to show she was retired due to physical disability. The applicant contends her military records should be corrected to show she was retired due to physical disability because the VA has increased her service connected physical disability (for which she was separated from the Army) rating from 10 to 50 percent disabling. The available evidence shows the applicant was evaluated by a PEB while on active duty and found unfit for duty...