DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 

Docket No. 10-20 Ref: Signature Date 


This is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552.  After careful and conscientious consideration of the entire record, the Board for Correction of Naval Records (Board) found the evidence submitted was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied. 

Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your case on its merits.  A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 February 2020.  The names and votes of the members of the panel will be furnished upon request. 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, relevant portions of your naval record and applicable statutes, regulations and policies.  

A review of your record shows that you entered active duty with the Navy on 27 May 2014.  You were found unconscious on 24 August 2014 and treated for seizure activity.  On 26 August 2014, you were diagnosed with a seizure disorder and recommended for entry level separation based on a determination your condition preexisted your entry into the Navy.  You were notified of administrative separation processing on 4 September 2014 for erroneous enlistment and acknowledged your rights.  On 15 September 2014, you were discharged for erroneous entry with an uncharacterized entry level separation.  Post-discharge, the Department of Veterans Affairs assigned you a combined rating of 70%. 

The Board carefully considered your arguments that you deserve a change to your narrative reason for separation to disability.  You assert that the change is required based on your discharge for medical reasons.  Unfortunately, the Board disagreed with your rationale for relief.  Under DODI 6130.03, a seizure disorder is identified as a disqualifying physical condition for enlistment.  The instruction states that disqualifying conditions apply to enlistees in their first six months of active duty if the condition existed prior to entry and was not aggravated by the active duty service.  In your case, a medical determination was made that your condition existed prior to your enlistment and was not aggravated by your active duty service.  Aggravation is defined as the progression of a medical condition beyond the natural progression of the condition.  The Board considered the nature of your seizure disorder and the seizure that led to your recommendation for administrative separation.  After reviewing the facts, they concluded the preponderance of the evidence supports the Navy’s determination that your condition did not qualify for disability processing.  The Board determined your condition, more likely than not, preexisted your entry in to the Navy based on the brief period of active duty you served before your seizure disorder symptoms manifested.  Further, the Board found no evidence your condition progressed beyond its natural progression since you suffered a single seizure episode consistent with your disorder.  Based on these findings, the Board determined your narrative reason for separation remains appropriate since it documents you were enlisted in error due to your preexisting seizure disorder.  Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your record.  

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 matters, which will require you to complete and submit a new DD Form 149.  New matters are those not previously presented to or 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,