Y
DEPARTMENT OF THE NAV
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC
20370-5100
JRE
Docket No: 8626-98
21 May 1999
Dear
m-:
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 13 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 Navy on 20 January 1994. On 2 April 1998, a
medical board gave you a diagnosis of left knee patellofemoral syndrome, and referred your
case to the Physical Evaluation Board. On 2 June 1998, the Record Review Panel of the
Physical Evaluation Board found you fit for duty. You were released from active duty on 7
August 1998. On 3 November 1998, the Department of Veterans Affairs awarded you a
10% rating for patellofemoral syndrome, and 0% for bronchitis. It denied your request for
service connection and compensation for migraine headaches, as that condition was not found
to exist.
The Board noted that the action taken by the Department of Veterans Affairs in your case is
not probative of your contentions or error and injustice, because that agency awards disability
benefits without regard to the issue of fitness for military service. As you have not
demonstrated that you were unfit for duty because of patellofemoral syndrome, a pulmonary
condition or headaches, 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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