DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 3974-19 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. A three-member panel of the Board for Correction of Naval Records (Board), sitting in executive session, considered your application on 23 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. You enlisted in the Navy and served honorably on active through 9 May 1984. You state that prior to your active duty discharge in 1984, it was discovered that you had meningioma involving optic chiasm impacting the optic nerve. Following your active duty service, you affiliated with the Navy Reserve. While in the Reserve, you were screened regularly to assess your physical qualifications for active duty. The screenings include a 3 May 1986, when you were medically screened and found physically qualified for active duty. It was further certified that there had been no adverse changes in your health since your last physical examination. On 14 December 1986, you received a triennial physical exam. On 27 May 1987, your health record was verified; in July 1987, you were found physically qualified for ACOUDRA. In January 1988, your health record was again verified. In May 1988, you were discharged honorably from the Navy Reserve due to the end of your service obligation. You were recommended for reenlistment at the time of your May 1988 discharge. In your petition to the Board you request a medical discharge, and assert that you were diagnosed with optic nerve issues before you were separated from active duty in 1984. You assert that your “chart was intentionally removed in order to cause the greatest amount of disability and long term neuro damage.” You indicate that your symptoms have worsened since 2000, and that “all damage” has not shown up until now. The Board took into consideration your request for a medical discharge due to a condition that you state was diagnosed while you were on active duty and which has since worsened since 2000. SECNAVINST 1850.4 series establishes the policy for the Department of the Navy Disability Evaluation System, and pertains to the process of making a single determination of fitness for continued naval service, entitlement to benefits, and disposition of service members referred to the Physical Evaluation Board. The Board reviewed your service records and took into consideration your claim that certain records pertaining to your diagnosis were willfully removed from your medical file. Even in consideration of your claim of the deliberate removal of medical records, the Board noted that you successfully completed your active duty service obligation and were able to affiliate and satisfactorily participate in the Navy Reserve. Additionally, you received ongoing medical screenings in the Reserve and when you were discharged in 1988, you were recommended for reenlistment. The Board determined that your records indicate that you did not have a medical condition that impacted your fitness for continued duty either while you were on active duty or in the Navy Reserve. Accordingly, the Board found that a medical discharge, retirement or entitlement to benefits based on an in-service disability is not applicable to your circumstances. The Board noted that medical issues which present post-discharge but which did not impact a service member’s fitness for duty while participating in an active or reserve status, may be covered by Veterans Affairs. The Board concluded that since you do not appear to have suffered from a condition which impacted your fitness for duty while you were in an active or reserve status, that a medical discharge is not warranted. Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to its understanding of the issues involved. Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of 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, 12/2/2019