DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 9292-19 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. 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 application on its merits. A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 27 January 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. You enlisted in the Navy and began a period of active duty on 15 October 1987. On 31 October 2007, you were retired from the Navy based on sufficient service for retirement. In your application to the Board, you state that you suffered from chronic migraine headaches throughout your active duty career. You contend that your migraines were aggravated and made worse during and after obstacle training with the use of grenades, firing of weapons, extensive time in full gear, and hiking in the sun for miles. You provide a Headaches Disability Benefits Questionnaire dated 18 September 2019, which indicates you reported chronic daily headaches, sometimes suffering from severe headaches for weeks, and having to wear dark glasses. The Questionnaire was signed by a physician. The Board, in its review of your entire record and application, inferred that you appear to be seeking a disability rating that would entitle you to compensation or a medical retirement from the military. SECNAVINST 1850.4 series establishes the evaluation process by which a determination of a service member’s fitness to continue naval service is made. If an individual is found unfit for continued service pursuant to SECNAVINST 1850.4 series, he or she may be eligible for disability retired pay or disability severance pay. The Board noted that you successfully earned an active duty retirement, and do not appear to have been referred to the disability evaluation system for a medical condition that appeared to be impacting your performance of duty. The Board found that even in consideration of your statements contending that your migraine headaches were exacerbated by your military service, your successful performance of active duty service sufficient to earn retirement indicates that you were fit for duty and not denied appropriate recourse through the procedures outlined in SECNAVINST 1850.4 series. The Board also considered that the information you submitted regarding your migraine headaches was dated September 2018. The Board noted that Veterans Affairs is the appropriate agency to vet post-discharge claims of service-connected medical conditions. The Board concluded that you did not provide sufficient evidence to establish that your current retirement based on qualifying years of service is either erroneous or unjust, and that no corrective action is warranted. 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, 2/18/2020