Search Decisions

Decision Text

NAVY | BCNR | CY2002 | 04460-02
Original file (04460-02.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

S

2 NAVY ANNE

X

WASHINGTON DC 20370.510

0

JRE
Docket No: 4460-02
2 December 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  
injustice were reviewed in accordance with administrative regulations and procedures
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.

.on 15 November 2002. Your allegations of error and

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.

The Board found that you enlisted in the Marine Corps on 20 June 1969.
evaluated by a medical board on 26 September 1969, and given a diagnosis of
You disclosed to the medical board that you had suffered a crushing injury to ;
years earlier, and subsequently experienced several episodes of bloody urine. In addition,
you were involved in an automobile accident one month before you enlisted and was
hospitalized for treatment of a kidney injury.
physicians at the entrance examination station and during your initial medical screening at the
recruit depot. You experienced recurrent episodes after enlisting, usually after vigorous
exercise. The medical board determined that you did not meet the minimum physical
standards for enlistment because of the hematuria, and recommended that you be discharged
without entitlement to disability benefits. On 26 September 1969, you waived your right to a

You concealed your history of hematuria from

we-
You 
h(
 

- hearing before a physical evaluation board, and requested that you be discharged as soon as

possible. You were discharged in accordance with your request and the approved
recommendation of the medical board on 8 October 1969.

The Board rejected you unsubstantiated contention to the effect that  your signature was forged
on the document in which you waived your right to appear before a physical evaluation
It was not persuaded that you were unfit for duty because of a disability that was
board.
incurred in or aggravated by your brief period of Marine Corps service. 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 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



Similar Decisions

  • USMC | DRB | 2001_Marine | MD01-00123

    Original file (MD01-00123.rtf) Auto-classification: Denied

    MD01-00123 Applicant’s Request The application for discharge review, received 001102, requested that the characterization of service on the discharge be changed to honorable. 990622: GCMCA [CG, MCRD, San Diego, CA] directed the applicant's uncharacterized discharge by reason of defective enlistment and induction - erroneous due to Rhabdomyolysis. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge...

  • NAVY | BCNR | CY2009 | 03472-09

    Original file (03472-09.pdf) Auto-classification: Denied

    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. The Board concluded that although you experienced an episode of fainting during a Marine Corps Reserve drill period, and that the Department of Veterans Affairs granted you a 0% disability rating for exercise induced hypotension with syncope because of that episode, the Board was not...

  • NAVY | BCNR | CY2001 | 03530-01

    Original file (03530-01.pdf) Auto-classification: Denied

    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. approved and you were transferred to the PDRL with a 50 percent disability rating on 16 September 1969. 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.

  • NAVY | BCNR | CY2002 | 04424-00

    Original file (04424-00.pdf) Auto-classification: Denied

    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. 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. Consequently, when applying for a correction of...

  • NAVY | BCNR | CY2008 | 10576-08

    Original file (10576-08.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 February 2009. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...

  • NAVY | BCNR | CY2003 | 01596-03

    Original file (01596-03.pdf) Auto-classification: Denied

    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. The Board found that you were hospitalized on 25 April 1971 for back and left leg pain. 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.

  • NAVY | BCNR | CY2001 | 07172-01

    Original file (07172-01.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 December 2001. Documentary material considered by the Board consisted of your application, together with naval record and applicable statutes, regulations and policies. That diagnosis was confirmed by a board of medical survey The Board found that you were inducted into the Marine Corps on 19 September 1950.

  • NAVY | BCNR | CY2002 | 07518-00

    Original file (07518-00.pdf) Auto-classification: Denied

    he had been granted an honorable discharge by the Department of the Navy, but that this decision was reversed by the Marine Corps. b. Mr. documentation that the patient manifested symptoms of PTSD immediately following his return from Vietnam, and that these symptoms led to the patient's undesirable discharge in 1970. result of the patient's Vietnam combat experiences.

  • NAVY | BCNR | CY1999 | 08057-98

    Original file (08057-98.pdf) Auto-classification: Denied

    to your accident, 21 June to 7 July and 20 July to 5 August 1978. The second NJP was for the two periods of UA prior The first was for two periods of Punishment On 15 December 1978, CMC directed your transfer to the Marine Corps Barracks at Camp Pendleton, CA for six months of limited duty. The record also reflects that you A $50 forfeiture was On 18 June 1979 a medical board found you unfit for full duty and opined that this status would not change with further treatment.

  • NAVY | BCNR | CY2002 | 04372-02

    Original file (04372-02.pdf) Auto-classification: Denied

    your back condition to Navy or Marine Corps officials after you underwent spinal disc surgery in 1990. The Board noted that although you suffered acute exacerbations of your back condition during periods of military duty in 1997 and 1999, you did not sustain any significant trauma to your spine during those , and there was permanent aggravation of the preexisting periods, you were not “injured” The exacerbations of your condition, one condition during those periods of military duty. VASRD...