Y
DEPARTMENT OF THE NAV
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAW ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No: 5612-99
22 February 2000
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 10 February 2000. Your allegations of error and
injustice were reviewed in accordance with administrative regulations and procedures
applicable to the proceedings of this Board.
consisted of your application, together with all material submitted in support thereof, your
naval record and applicable statutes, regulations and policies.
Documentary material considered by the Board
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.
in connection with your enlistment in the Navy.
On one of the forms, you
Each of the named conditions could have resulted in your
The Board found that you completed two Standard Forms 99, Report of Medical History, on
20 October 1959,
disclosed a history of trick or locked knee, foot trouble, and dizziness or fainting spells,
among other conditions.
disqualification from enlistment. The conditions were not disclosed on the other Standard
Form 99 you completed on 20 October 1959, and you were found fit for enlistment. You
sought medical care for your left knee on 29 February 1960, and disclosed that you had
injured the knee about two years earlier, and had had occasional pain, swelling and difficulty
straightening it out since that time.
meet the minimum standards for enlistment because of a pre-existing knee condition, which
was not aggravated by your naval service, and recommended that you be discharged without
entitlement to disability benefits administered by the Department of the Navy.
to a statement in rebuttal to the finding and recommendation of the medical board.
In
addition, you waived your right to appear before a physical evaluation board, and asked that
You were discharged on 15 April
you be discharged from the Navy as soon as possible.
On 5 April 1960, a medical board found that you did not
You declined
1960, in accordance with your request, in accordance with the approved finding and
recommendation of the medical board.
The Board also noted that you did not rebut the findings and recommendation
The Board did not accept your contention to the effect that you did not have a pre-service
knee injury, as it is controverted by evidence contained in your health record, which clearly
establishes that your condition existed prior to your enlistment, and was not aggravated by
your service.
of the medical board, despite being given the opportunity to do so.
found fit for enlistment was not considered significant by the Board, given your failure to
fully disclose your pre-service medical history, and the intermittent nature of your knee
problem at that time. Accordingly, your application has been denied. The names and votes
of the members of the panel will be furnished upon request.
The fact that you were
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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