DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
X
2 NAVY ANNE
S
WASHINGTON DC 20370-510
0
JRE
Docket No. 04424-00
10 April 2001
’ insufficient to establish the existence of probable material
Your allegations of error and
In addition, it considered the
Dear
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.
comments of‘your counsel.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 5 April 2001.
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
error or injustice.
The Board found that you underwent a pre-enlistment physical
examination on 22 December 1992.
shoulder and knee injuries,
but they were asymptomatic at that
time, and you were found fit for enlistment.
Marine Corps on 5 April 1993.
You experienced knee pain from
time to time during your enlistment,
On 29 September 1994, a medical board determined that
injury.
you were unfit for duty because of your knee condition, and that
you did not meet the minimum physical standards for enlistment.
It recommended that you be discharged by reason of erroneous
enlistment, without entitlement to disability benefits
administered by the Department of the Navy. You accepted those
findings and recommendations on 27 October 1994, waived your
right to an appearance before a physical evaluation board, and
requested that you be discharged as soon a possible.
Your
request was granted, and you were discharged on 23 February 1995.
On 15 September 2000, the Department of Veterans Affairs (VA)
You disclosed a history of
You enlisted in the
without further significant
Your enlistment was considered
denied your request for service connection for your knee
condition.
The Board noted that you were found fit for enlistment in the
Marine Corps based on the evidence available on 22 December 1992.
Upon your entry on active duty,
it became apparent that your knee
could not withstand the rigorous nature of Marine Corps training,
and you were discharged.
erroneous because you would not have been permitted to reenlist
had the true nature of your condition been known to officials who
As you have not demonstrated that your
approved your enlistment.
condition was incurred in or aggravated by your service, or that
your discharge was otherwise erroneous, the Board was unable to
recommend any corrective action in your case.
application has been denied.
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.
Accordingly, your
The names and votes of the members
Sincerely,
W. DEAN PFEIFFER
Executive Director
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