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Decision Text

NAVY | BCNR | CY1998 | 04125-98
Original file (04125-98.pdf) Auto-classification: Denied
D E P A R T M E N T  O F  T H E  N A V Y  
BOARD FOR CORRECTION OF NAVAL RECORDS 

2 N A W  ANNEX 

WASHINGTON DC  20370-51 00 

JRE 
Docket No:  4125-98 
7 June  1999 

This is in  reference to your application for correction  of  your naval  record pursuant to the 
provisions of  title  10 of  the United  States Code, section  1552. 

A  three-member panel  of  the Board  for Correction of  Naval  Records,  sitting in  executive 
session, considered your  application on  27 May  1999.  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. 

After careful and  conscientious consideration of  the entire record,  the Board  found  that the 
evidence submitted was  insufficient to establish the existence of  probable material error or 
injustice. 

The Board  found that  you enlisted  in  the Marine Corps on 29 September  1969.  On  25 
November  1969, a medical  board  gave you  a diagnosis of  spondylolisthesis, L-5 on  S-1, and 
recommended that you  be discharged by  reason  of  erroneous enlistment.  The body  of  the 
report indicates that there was  exaggerated lumbar lordosis and  limitation of  motion  in  your 
low  back.  In  addition, you  disclosed a five year  history of  spontaneously recurrent 
backache.  After being advised of  the findings and  recommendation of  the medical board, 
you  declined to  submit a statement in  rebuttal  thereto.  You  were discharged in  accordance 
with  the approved recommendation of  the medical  board  on  10 November  1969.  You  were 
examined at a VA  facility during July  1970, and were  found  to have a congenital deformity 
at the fifth lumbar vertebra and  spondylolisthesis.  The Veterans Administration (VA) denied 
your claim  for compensation for the back  condition based  on  that agency's  independent 
determination that  the condition was  neither incurred  in  or aggravated by  your  military 
service.  The Board  of  Veterans Appeals confirmed that denial on  18 November  1971.  A 
new  claim was  denied by  the VA on  22  December  1997. 

The Board  concluded that irrespective of  the accuracy of  the diagnosis of  spondylolisthesis 
made by  the Navy  and  subsequently confirmed by  the VA,  you  were not  fit for military 
service because of  your long history of  lower back pain.  There is no  credible evidence 
which  demonstrates that  the condition was  incurred  in  or aggravated by  your brief  period  of 
naval  service.  Accordingly, your  application has been  denied.  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 
and  material evidence or other matter  not  previously 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, 

W.  DEAN  PFEIFFER 
Executive Director 



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