Docket No. 6613-20
Ref: Signature Date
 

Dear   
 
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 relevant portions of your naval record and your application, 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, sitting in executive session, considered your application on 22 October 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 28 June 2011.  You reported headache symptoms on 13 July 2011 and provided a medical history of preservice migraine headache symptoms that required medication to control.  A follow-up medical visit documented you suffered from headache symptoms approximately three times a month with severity to miss school and work on 10 occasions during the previous two years.  You were diagnosed with migraine headaches.  Based on your preservice medical history of migraines, you were recommended for administrative separation for defective enlistment and induction.  You were discharged on 27 July 2011 for erroneous entry into the Navy. 
 
The Board carefully considered your arguments that you deserve a disability discharge based on your migraine diagnosis while on active duty.  You assert that your current narrative reason for separation prevents you from receiving proper treatment.  Unfortunately, the Board disagreed with your rationale for relief.   In reviewing the medical evidence in your case, the Board determined the preponderance of the evidence supports your administrative separation for erroneous entry.  It was extensively documented in your record that you suffered from a history of migraine headache symptoms prior to entering the Navy.  The fact you were allowed to enlist in the Navy despite your medically disqualifying condition led the Board to conclude that you were properly processed for defective enlistment and induction by the Navy and discharged with an entry level separation upon discovery of your condition.  The Board found no error with the Navy’s actions since you did not qualify for a disability discharge based on the preexisting nature of your disability condition.  Further, the Board was not convinced with your injustice argument since your circumstances are no different than any other service member discharged for erroneous enlistment based on a preexisting disability condition.  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,