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NAVY | BCNR | CY2002 | 03217-02
Original file (03217-02.pdf) Auto-classification: Denied
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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