DEPARTMENT OF THE NAVY
BOARD FOR C O R R E C T I O N O F NAVAL RECORDS
2 NAVY ANNEX
W A S H I N G T O N DC 2 0 3 7 0 - 5 1 0 0
JRE
Docket
6 May
No. 02964-03
2003
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 >f Naval
Records, sitting in executive session, considered your
application on 1 May 2 0 0 3 . 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 sllbmitted in
support thereof, your naval record and applicable statutes,
regulations and policies.
After careful and conscientious consideration or m e entire
record, the Board found that the evidence submitted was
insufficient to establish the existence of prob~hle material
error or injustice.
The Board found that you underwent a pre-separati~n physical
examination on 24 September 1991, and were found physically
qualified for separation. Although you disclosed a fairly
extensive medical history and several medical complaints at that
time, none of the conditions noted was considered disqualifying.
You were discharged from the Navy on 17 November 1991 by reason
of completion of your active service obligation. You were
assigned a reenlistment code of RE-3T, to indicatz that you did
not meet applicable weight standards at that time.
The Board was not persuaded that you were unfit f
of a bilateral knee condition at the time of your
)r duty because
discharge, as
there is no indication in the available records t-nat you were
unable to perform your duties because of that COI-~~jition. It
rejected your contention to the effect that you could not meet
weight standards because of activity limitations zaused by the
effects of your knee condition. The fact that the Department of
Veterans Affairs awarded you a 10% rating for eack~ knee was not
considered not probative of the existence of erroi- or injustice
in your record, because that agency assigns disability ratings
without regard to the issue of fitness for military service. In
addition, the 10% ratings indicate that the impairment caused by
the condition was mild.
In view of the foregoing, your application has be
names and votes of the members of the panel will
upon request.
?n denied. The
>e furnished
It is regretted that the circumstances of your caje are such
that favorable action cannot be taken. You are e:ltitled to have
the Board reconsider its decision upon submission of new and
material evidence or other matter not previously <:onsidered by
the Board. In this regard, it is important to kea?p in mind that
a presumption of regularity attaches to all official records.
Consequently, when applying for a correction of all official
naval record, the burden is on the applicant to dh?monstrate the
existence of probable material error or injustice.
Sincerely,
w . DEAN PFE I F F ~ R
Executive Direrttor
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