DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

JRE
Docket No. 06573-06
4 September 2007

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 30 August 2007. 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 were evaluated by the Physical Evaluation Board (PEB) on 10 March 2006 and found unfit for duty because of narcolepsy, which existed prior to service (EPTS), and was not aggravated by your service in the Marine Corps. The PEB recommended that you be discharged without entitlement to disability benefits administered by the Department of the Navy. You were notified of the findings and recommendation of the PEB on 15 March 2006, and given until 30 March 2006 to respond. As you did not respond in a timely manner, your case was finalized on 17 April 2006, and you were discharged from the Marine Corps on 31 Nay 2006.

Although the available records do not indicate that you were diagnosed with narcolepsy before you enlisted in the Marine Corps, the PEB determined, based on accepted medical principles, that your condition did exist prior to your enlistment. In the absence of evidence which demonstrates that the PEB’s determination is erroneous, 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 PFIEFER
								Executive Director