DEPARTMENT OF THE NAV
BOARD FOR CORRECTION OF NAVAL RECORDS
Y
2 NAW ANNEX
WASHINGTON DC 203704100
JRE
Docket No: 8426-98
12 April 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 8 April 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.
planus and metatarsus
The Board found that you underwent a pre-enlistment physical examination on 9 September
1975. You were noted to have asymptomatic pes
planus (flat feet), and hallux valgus
(bunion), but were considered physically qualified for enlistment. On 7 April 1978, a
medical board determined that you did not meet the minimum physical standards for
enlistment due to pes
prior to your enlistment, and was not aggravated by your service.
be discharged without entitlement to disability benefits administered by the Department of the
Navy. After being advised of the findings and recommendation of the medical board, and of
your right to demand a hearing before the Physical Evaluation Board (PEB), you declined to
submit a statement in rebuttal thereto, and waived your right to the consideration of your
case by the PEB. You were discharged from the Marine Corps on 14 June 1978, in
accordance with the approved findings of the medical board.
primus varus with hallux valgus, which existed
It recommended that you
In the absence of evidence which demonstrates that your disability was incurred in or
aggravated by your service in the Marine Corps, the Board was unable to recommend any
corrective action in your case. 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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