DEPARTMENT OF THE NAV
BOARD FOR CORRECTION OF NAVAL RECORDS
Y
2 NAVY ANNEX
WASHINGTON DC 203704100
JRE
Docket No: 5346-99
28 August 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 24 August 2000. 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 served on active duty in the Marine Corps from 29 August 1960 to
22 April 1964, when you were discharged by reason of physical disability due to chronic
back pain secondary to spondylolysis, bilateral, L-5. The medical evidence you submitted,
which is to the effect that a radiographic examination did not identify spondylolysis at L-5
(although the presence of subtle spondylolysis could not be excluded by that examination)
does not alter the fact that you were unfit for duty because of chronic back pain, or
demonstrate that the diagnosis made in your case is erroneous. You did not meet the
minimum criteria for an honorable discharge, because your
final conduct mark average was
not 4.0 or higher. Accordingly, there is no basis for granting your requests for corrective
action.
In view of the foregoing, 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
NAVY | BCNR | CY2001 | 02529-01
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. DIAGNOSIS NUMBER (2) WAS CONSIDERED A CATEGORY III CONDITION. THE MEMBER APPEARED AT THE HEARING REQUESTING TO BE FOUND UNFIT FOR CONTINUED NAVAL SERVICE WITH DISABILITY RATINGS OF 10% UNDER V.A.
NAVY | BCNR | CY2014 | NR3875 14
after careful and conscientious consideration of the entire record, the Board found the evidence submitted was insufficient to establish the existence of probable material error or injustice. Nevertheless, the Board found that these factors were not sufficient to warrant a change to the reason for your discharge given the medical conditions that existed prior to your entry. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to...
NAVY | BCNR | CY2014 | NR132 14
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 March 2015. 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,...
NAVY | BCNR | CY2001 | 08366-00
TO SUPPORT HIS REQUEST THE MEMBER PRESENTED TESTIMONY AND COPIES OF HIS V.A. THE RECORD DOCUMENTS THAT THE MEMBER HAD CHRONIC LEFT SHOULDER KNEE, AND FOOT PAIN THAT LIMITED HIS ACTIVITIES DUE TO THE ABOVE DIAGNOSES. THE TDRL EVALUATION INDICATES THAT SINCE PLACEMENT ON THE TDRL THE MEMBER HAS UNDERGONE A LEFT ROTATOR CUFF REPAIR IN OCTOBER 1998 BUT CONTINUES TO HAVE CHRONIC SHOULDER PAIN.
NAVY | BCNR | CY2007 | 00662-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 January 2008. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2001 | 02752-99
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 September 2000.. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
ARMY | BCMR | CY2001 | 2001059337C070421
In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice. On 11 May 2000, the PEB...
AF | PDBR | CY2012 | PD2012 01515
The following day the CI presented to clinic with report of burning/sharp pain in right hip/buttocks. Treatment records recorded three entries documenting full range-of-motion (ROM), three entries recorded decreases in ROM: two of them indeterminate, the other recorded flexion of 60 degrees, both recorded 2 months prior to separation. BOARD FINDINGS : IAW DoDI 6040.44, provisions of DoD or Military Department regulations or guidelines relied upon by the PEB will not be considered by the...
NAVY | BCNR | CY2001 | 00431-00
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. JUNE 2000 AT BETHESD THE MEMBER APPEARED AT THE HEARING REQUESTING TO BE FOUND UNFIT FOR DUTY AND RETAINED ON THE TDRL AT HER PREVIOUS RATING OF 60% SUPPokT HER REQUEST THE MEMBER PRESENTED UNDER V.A. AFTER CAREFUL REVIEW OF ALL THE AVAILABLE EVIDENCE AND BASED ON UNANIMOUS OPINION, THE FORMAL PEB FINDS THE MEMBER...
ARMY | BCMR | CY2012 | 20120021047
The applicant states: I believe the narrative discharge of "disability existed prior to service," item 28 of his DD Form 214 (Certificate of Release from Active Duty)) is incorrect because of the lack of evidence and the presence of contradicting evidence at the time of the rating from the Physical Evaluation Board (PEB). Studies have shown that 5-10 percent of patients seeing a spine specialist for low back pain will have either a spondylolysis or isthmic spondylolisthesis. The PEB did...