DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 
 
Docket No. 7582-15 
HAY 2 0 2016 

Dear 

This is in reference to your application for correction of your naval record pursuant to the provisions of 10 USC 1552. 
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 22 April 2016. 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. 

A review of your record shows that you entered active duty with the Marine Corps in 1980. You started reporting reoccurring severe headaches in 1986 which resulted in your diagnosis for mixed headache, vascular/muscle tension type and a referral to a medical board. Your medical history showed that you suffered from these headaches since 1972 and continued through your adolescence before you entered the military service. On 10 October 1986, you were found unfit for continued naval service due to your headache condition and discharged on 26 January 1987. Subsequent to your discharge, you contend the Department of Veterans Affairs (VA) rated you 100% disabled for major depressive disorder. 

The Board carefully considered your arguments that you deserve a disability retirement or discharge due to your depressive disorder. You contend the VA's decision to issue you a service connected disability rating substantiates that you possessed the same disability prior to your discharge. Unfortunately, the Board disagreed with your rationale for relief. Your record does not contain any evidence to support your allegation that you suffered from a major depressive disorder while in the military. You were diagnosed and processed for headaches consistent with your symptoms and history prior to entering the.Marine Corps. The fact the VA determined thirty years later that you currently suffer from a service connected disability does not equate to a finding that the disability existed at the time of your discharge or that it was unfitting if it did exist. The Board concluded there was no evidence in your record to support either supposition. Accordingly, the Board was unable to find an error or 
injustice warranting a correction to your record and denied your application. 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 evidence within one year from the date of the Board's decision. New evidence is evidence not previously considered by the Board prior to making its decision in thi~ case. In this regard, it is important t o keep in mind that a presumption of regularity attaches to all official records. Consequently, when ˇapplying for a correction of an official naval r ecord, the burden is on the applicant to demonstrate the exi.stence of probable material error or injustice. 
Sincerely,