DEPARTMENT OF THE N A V Y
B O A R D F O R C O R R E C T I O N O F N A V A L R E C O R D S
2 N A V Y A N N E X
W A S H I N G T O N D C 2 0 3 7 0 - 5 1 0 0
JRE
Docket No: 3217-02
24 May 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-~nember panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 1 May 2002. 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 6 January 1988. You were evaluated by a
medical board on 16 March 1988, and given a diagnosis of osteoarthritis, left hip. The
medical board report indicates that you had undc:.guw an osteotomy in 1979 to cc)rr'Cd
dysplasia of your left hip, and that you had been active in sports and had little difficulty with
your hip since that time. You reported to sick call shortly after enlisting, and complained of
hip pain following a fall on your left knee. The pain resolved, but x-ray examination
disclosed a cyst and an active arthritic process in the left hip, and upon physical examination,
it was noted that you had limitation of motion in the hip joint. The medical board
determined that you did not meet the minimum standards for enlistment because of your hip
pain, and recommended that you be discharge without entitlement to disability benefits
administered by the Department of the Navy. You protested, to now avail, that you were fit
for service. You were discharged for erroneous enlistment on 5 April 1988, in accordance
with the approved findings and recommendation of the medical board.
The Board was not persuaded that you were unfit for duty because of a condition which was
incurred in or aggravated by your naval service. You had a pre-existing condition of your
left hip which became symptomatic when exposed to the rigors of military training.
Although you were arguably fit for duty at the time of your discharge, given your medical
history, x-ray and physical findings, it would not have been in the best interest of you or the
Navy for you to have been retained on active duty. There is no indication in the available
records that the condition increased in severity beyond natural progression during your period
of service. The Board noted that even if your condition had been aggravated by your naval
service, you would not have been entitled to disability benefits administered by the
Department of the Navy because you had not completed six months or more of active
service, and your condition would not have warranted a rating above 0-10%.
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
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