DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370.510
0
JRE
Docket No: 762-02
26 August 2002
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 15 August 2002. Your allegations of error and
With administrative regulations and procedures
injustice were reviewed in accordance
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 this connection, the Board substantially concurred with the rationale of the
hearing panel of the Physical Evaluation Board which considered your case on 14 March
2002, a copy of which is attached. Accordingly, your application has been denied. The
names and votes
ofthe 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.
important to keep in mind that a presumption of regularity attaches to
all official records.
In this regard, it is
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
Enclosure
SAN DIEGO FORMAL HEARING RATIONALE
A medical board was held at Wilford Hall Medical Center,
on 07 November 3000,
followinq diagnosis:
with the
I,ackland
AF'B,
'I'X
1 .
PATELl,OFEMORAI, PAIN SYNDROME REFRACTORY
(-71
946)
The Informal Physical Evaluation
14 March 2001.
Board found the member fit
i'ol- duty
O II
This member appeared before the Formal Physical Evaluation Board on
20 June 2001, requesting 40% disability rating and transfer to TDRL.
Accepted documentary evidence consisted of:
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Exhibit F
File-
- PEB Case
- Additional Medical Evidence-Left Knee
- Additional Medical Evidence-Right Ankle
- Additional Medical Evidence-Irritable Bowel Syndrone
- Performance Evaluations
- List of Medications
The member's medical board of
patellofemoral pain syndrome.
The medical board traces the patient's complaint of anterior knee pain
the left to 1997.
with any physical activity including running, cycle ergometry, and any
type of aerobic activity.
07 November 2000 makes a diagnosis of
This evaluation was done by the Air Force.
The medical board indicates that the pain increases
The pain is also worse with stair climbing.
011
The member underwent an OATS procedure for an osteochondral defect
in 1997 at Wilford Hall Air Force Medical Center.
that her symptoms dramatically improved afterward but did not resolve.
In May of 2000 the member had an MRI which showed no evidence of meniscus
pathology as well as a small amount of cartilage in the position of the
previous osteochrondral defect.
with grade IV chondromalacia of the medial femoral
The MRI was considered to be consistent
The member reported
condyle.
The final diagnosis was that the member had patellofemoral syndrome in
spite of her "successful OATS procedure".
job routinely involves sitting and doing desk work, interpreting data at
a desk position and did not involve heavy labor.
evaluating physician found that the patient was retainable and world-wide
qualified.
The member reported that her
Therefore, the
The patient appeared before the Formal Board asking for a rating not only
for her knee but also for her left ankle, and for irritable bowel
syndrome.
These topics will be address seriatum.
With regard to
he? knee
ehe member gave dramatic testimony about how her
Enclosure
(1)
knee interfered with her ability to
her job required her to walk long distances.
contradistinction to the medical board where she said that she basically
did office work.
she sat apparently
approximat:el_y
comfortably throughout the Formal Board which lasted
The member also said that she couldn't sit or stand, but
She also claimed that
cli.mb stairs.
40 minutes.
This is in
ar-e
L, the
mernbel: s
pe1:
formdnce evaluations
The
recent evaluation covers the period
member received glowing comments in the narrative section
rated as must
standards.
member's performance evaluation
During that period the member was only rated promotable.
the most recent performance evaluation the member even received a grade
of 3 in military bearing in spite of her weight.
She was rated in each category at or above
16 March 2000 to 15 March 2001.
It is important to note,
contdined in Exhibit
for the period March 1999 to March 2000.
that this is an improvement over the
mosl~
The
and was overall
Furthermore, in
Ipromote.
"no life and can't do anything".
The member gave dramatic testimony about how tired she was at the end of
the day and that she had
performance evaluations indicate that the member spends many hours doing
volunteer activities besides her routine duties.
rebuttal contained in the PEB case file indicates that the member did a
vigorous physical therapy program at home using a stationary bicycle.
This is important because the medical board indicated that the stationary
bicycle was one of the things that exacerbated the member's knee pain.
Thus, there are significant discrepancies between the documentary record
and the member's testimony.
Moreover,
However, her
the member's
the member testified that the building in which she works
Additionally,
is only one story high and that there is only one building on the base
that is two stories high.
office job and the base is virtually entirely one story high, it is
difficult to understand how the patient has such dramatic complaints
about climbing stairs or even walking long distances.
The member also
testified that she has a cart for going from building to building, though
why that is necessary is not substantiated in the medical record.
the member's job is essentially an
Given that,
Finally it must be noted that a review of additional medical evidence
contained in Exhibit D covers the member's medical care from July 1997 to
March 2001.
member has sought any treatment for her knee or her ankle.
indication of a complaint regarding her knee is contained in Exhibit B
which is a 11 June 2001 knee evaluation.
for the Formal Board.
There is not a single indication in this record that the
This was done in preparation
The only
regard to the member's ankle,
She underwent internal fixation,
With
1993.
May of 1996.
as noted supra,
for her ankle at least dating back to 1997.
no additional medical evidence of even a recent evaluation of her ankle.
Finally, the member
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