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NAVY | BCNR | CY2002 | 06435-01
Original file (06435-01.pdf) Auto-classification: Denied
DEPARTMENTOFTHE NAV
BOARD FOR CORRECTION OF NAVAL RECORD

2 

NAVY 

ANNEX

WASHINGTON DC 20370-510

0

Y

S

JRE
Docket No: 
26 February 2002

643541

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 2 1 February 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 July 1972. Your were discharged on 27
July 1972 pursuant to the approved findings of a medical board that you failed to meet the
minimum physical standards for enlistment because of the residual effects of a knee injury
you sustained in January 1972, which you failed to disclose when you underwent your pre-
enlistment physical examination. You were advised of the findings and recommendation of
the medical board, and declined to submit a statement in rebuttal thereto, or to demand an
appearance before a physical evaluation board.

The Board did not accept your unsubstantiated contention to the effect that you met the
minimum physical standards for enlistment, and that you became disabled during your 22
days of military service. It appears that the disqualifying condition was not noted by the
physician who conducted your pre-enlistment physical examination because you failed to
report your history of a knee injury, and the condition was quiescent at that time. It became
symptomatic upon your entry on active duty and exposure to the rigors of training.

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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