DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC
20370-5100
JRE
Docket No: 4284-00
21 February 2001
-
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 February 2001. 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 completed a Standard Form 88, Report of Medical History, on 19
August 1969, in connection with your proposed enlistment in the Navy. You specifically
disclosed a history of a recent knee injury, but no evidence of knee pain, swelling or locking
was noted, and you did not disclose that the knee was painful. You enlisted in the Navy on
10 November 1969, and certified that there had been no change in your medical history or
physical condition from that disclosed on 10 November 1969. You
also acknowledged that
any misrepresentations by you could result in trial by court-martial or discharge under other
than honorable conditions. You began to complain of knee pain almost immediately after
enlisting, and you disclosed a four month history of knee pain and limping. You were
discharged on 28 November 1969 due to your failure to meet the minimum physical
standards for enlistment due to a condition which existed prior to your enlistment, and was
not aggravated by your brief period of service.
Board was unable to conclude that you were unfit by reason of a physical disability
The
which was incurred in or aggravated by your brief period of naval service.
In this regard, it
noted that you apparently minimized your symptoms when you underwent your pre-
enlistment physical examination, and there is no evidence that you suffered any significant
trauma or injury to your knees during your enlistment. 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
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.
In this
Board.
Sincerely,
W. DEAN PFEIFFER
Executive Director
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