Docket No. 4920-21
Ref: Signature Date 

Dear ,  
 
This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code.  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 insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied.     
 
A three-member panel of the Board, sitting in executive session, considered your application on 19 August 2021.  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 in July 1988 and served without incident until a medical board referred you to the Physical Evaluation Board (PEB) for migraine headaches on 7 September 2006.  The medical board report noted you were suffering from at least one prostrating migraine headache monthly.  The PEB found you unfit for continued naval service due to migraine headaches and assigned a disability rating of 10% on 14 September 2006.  You were subsequently discharged with severance pay on 1 November 2006 pursuant to the PEB findings.  Post-discharge, the Department of Veterans Affairs (VA) rated you for a number of disability conditions resulting in a combined 90% disability rating.  On 14 November 2019, this Board placed you on the disability retirement list with a disability rating of 30% for your migraine headaches.  The Board determined a higher disability rating was not merited based on lack of evidence that your migraine headaches created severe economic inadaptability.   
 
The Board carefully considered your arguments that you deserve an increase to your PEB rating to at least 50%.  You argue that the VA rated you a combined 100% based primarily on depression and that you have been unable to maintain employment as a result of these conditions.  Unfortunately, the Board disagreed with your rationale for relief.  In reviewing your record, the Board concluded the preponderance of the evidence does not support increasing your PEB assigned disability rating to greater than 30%.  The Board found no evidence that supports a finding that your migraine headache condition merits an increase based on severe economic inadaptability nor evidence that any other disability condition was unfitting for continued naval service at the time of your discharge.  While the Board took into consideration your assertions regarding your combined VA rating, the Board noted that eligibility for compensation and pension disability ratings by the VA is tied to the establishment of service connection and is manifestation-based without a requirement that unfitness for military duty be demonstrated.  Therefore, the Board was not persuaded to find that you were unfit for any of your VA rated service connected disability conditions, other than your migraine headaches, without evidence that documents these conditions met the criteria for unfitness for continued naval service. Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your record.   
 
With regard to your request for a new DD Form 214 that reflects your placement on the Permanent Disability Retirement List, you must first file a request with Commander, Navy Personnel Command.  You may submit your request to the Department of Navy, Navy Personnel Command (PERS 3C), 5720 Integrity Drive, Millington, TN 38055-3120.  If the Navy should deny your request, you may reapply to the Board with supporting evidence that a correction is required to your record.    
 
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,   

8/21/21
Deputy Director