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

Docket No. 6272-18 
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 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.

A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 September 2019. 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. In addition, the Board considered the advisory opinion contained in Director CORB letter 1910 CORB: 002 of 23 July 2019; a copy of which was previously provided to you for comment.

A review of your record shows you entered the Marine Corps in October 1993 and commissioned as an Officer in 1999. In August 2004, you were exposed to a mortar round explosion while deployed to Iraq that resulted in chronic headaches in the following years. You underwent a surgical resection to treat a right anterior cerebellar hemangioblastoma in February 2016 and developed diplopia as a result of bilateral fourth nerve palsie. A medical board referred you to the Physical Evaluation Board (PEB) on  April 2017 for Traumatic Brain Injury (TBI), post cerebellar hemangioblastoma, and Post-Traumatic Stress Disorder (PTSD).On  August 2017, the PEB found you unfit for status post cerebellar hemangioblastoma resection and assigned you a 30% rating consistent with a proposed Department of Veterans Affairs rating. Your TBI and PTSD conditions were determined not to be unfitting conditions. You were subsequently placed on the Permanent Disability Retirement List (PDRL) on  October 2017.

The Board carefully considered your arguments that the PEB findings erroneously omitted unfitting conditions of migraine headaches and status post brain tumor removal with vestibular dysfunction. Unfortunately, the Board disagreed with your rationale for relief. In making their findings, the Board substantially concurred with the advisory opinion contained in Director CORB letter 1910 CORB: 002 of  July 2019. Specifically, the Board determined your physical examination conducted on  October 2018 at  Medical Center was strong evidence neither of your claimed disability conditions were unfitting at the time you were placed on the PDRL. The physical examination documents that you reported no headache or dizziness symptoms and were found to be qualified for a mission essential security specialist position with no limiting conditions. In the Board’s opinion, this medical evidence supports a finding that you were not unfit for migraine headaches or status post brain tumor removal with vestibular dysfunction in 2017 or 2018. The Board did not find the VA ratings for those conditions persuasive based on evidence you were not symptomatic for either condition as October 2018. 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,