DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
JRE
Docket No: 6487-02
26 August 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 on 15 August 2002. Your allegations of error and
tiith administrative regulations and procedures
injustice were reviewed in accordance
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.
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 18 September 1989. On 20 March
1990, a medical board gave you a diagnosis of bilateral patellofemoral syndrome, existed
prior to entry, not service aggravated, and recommended that you be discharged by reason of
failure to meet the minimum physical standards for enlistment.
After being advised of the
findings and recommendation of the medical board, you waived your right to appear before
the Physical Evaluation Board to contest your proposed discharge, and you requested to be
discharged from the Marine Corps as soon as possible, without entitlement to disability
Available records indicate that you
benefits administered by the Department of the Navy.
were dissatisfied with the medical treatment you had received for your condition, which was
manifested by symptoms which were largely subjective in nature, and it appears that you had
requested a congressional investigation into the circumstances of your medical treatment.
You were discharged in accordance with your request on 25 April 1990. You were assigned
RE-3P, which is not an absolute bar to reenlistment, as you would be
a reenlistment code of
eligible to reenlist in the
condition, and were otherwise qualified.
eve& that you obtained a waiver of your disqualifying physical
The Board was not persuaded that your discharge was erroneous or unjust.
discharged because you had a disqualifying condition that prevented you from fully
participating in military training at that time, and was not responsive to treatment
above, you did not object to the discharge, and in fact, requested that you be discharged as
soon as possible. The fact that your condition became quiescent shortly after you left the
Marine Corps, although relevant to the issue of your present qualification for military service,
is insufficient to demonstrate that you met the minimum physical standards for enlistment in
1989.
You were
. As noted
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.
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 regard, it is
Sincerely,
W. DEAN PFEIFFER
Executive Director
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