DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX

WASHINGTON DC 20370-5100

JRE
Docket No. 03040-03
29 August 2003

Dear 

Mr.-

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 28 August 2003.
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.

Your allegations of error and

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.
concurred with the rationale of the hearing panel of the
Physical Evaluation Board that considered your case on 15 August
1991.

In this connection, it substantially

A copy of the rationale is attached.

In view of the foregoing, your application has been denied.
names and votes of the members of the panel will be furnished
upon request.

The

You are entitled to have

It is regretted that the circumstances of your case are such
that favorable action cannot be taken.
the Board reconsider its decision upon submission of new and
material evidence or other matter not previously considered by
the Board.

it is important to keep in mind that

In this regard,

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,

Executive Dire

Enclosure

RATIONALE:

, ENFN, 

USN(RBT)

THE MEMBER IS A 29 YEAR OLD ENFN,  
SERVICE AT THE TIME HE WAS PLACED ON THE TDRL IN OCTOBER 1987
WITH A DISABILITY RATING OF
V.A, CODE 5261 AND 20%
UNDER V.A. CODE 5262 COMBINED TO A TOTAL DISABILITY RATING OF 30%
.FOR THE DIAGNOSES:

USN(RET), WITH ABOUT 5 YEARS OF

10% UNDER  

 

,, 
.THE 

.,~
OF-& 

_‘. 

,. , 

(l..,

(1) LEFT CLOSED FEMURFRACTURE HEALED;
(2) LEFT GRADE III

BONE GRAFTING, HEALED; AND

OPEN TIBIA FRACTURE, STATUS POST MULTIPLE

-"?4)."'STATUS POST 

~CATIS'S'TMUS  FLAP" 

TO“THE"LEFT 

TIBI'A‘.

-._...
-.

RIAGNOSIS.  
CONSIDERED
UNFI'TTIN'G  

(3) GRADE  

O.PEN RIGHT  

NOT

SEPARATELY

CONDTTTONS.

,
II.1. 

:.

_ 
TIBI.A,FRACTURE  HEALED WAS

UNFITTING OR
. . 

"

CONTRIBUTING TO
.,

.

_I.., 

THE

'.. . 
^._' . ACCORDING TO..  
.a'.& 
1.

.*c

T_.DRL R-EPORT

:. 

JANUARY

1991

AND 

.OT.HER

AVAELABLE.R-ECO~D.~~'TIfiE.'MEHBER  IS  
'AT' A FOAM: AND, RUBBER.., 
WHICH -INVOLVES AMBULATION. FOR- CHECKING. METERS AND EQUIPMENT
THRDUGHOUT THE  
WORK.
EXTREMITY.

HE CONTINUES TO REPORT DIFFICULTIES WITH HIS LEFT LOWER

E~~M3'YeD~~-.~A.-~AINTENANCE  

WAS'REPORTED'.TO‘  

.PLANT--,WITH-NQ.  

,EXTENS_I,VE LOSS OF TIME FROM

.PERF_ORMING  THE, 

AND....WITH 

PROmEMS 

FA.CTORY 

EXAM 

SHOW,'FUfL'RANGE  OF MOTION IN THE
KNEE.W.XTH.GROSS  DEFORMITY

NUMEROUS. S-CARS 

.OVER THE LEFT 

NO 

._ 

W0RK.ER 
JQB“

:

..LEFT-HIP,
.i.' 
z-7 
;-.
,.

,__

"-T'd,-,"$$5' 

KN.'g,'-'F.RGM.___.D  

LEFT'KA'EE~FROMs'T'HE  

bEG_#e~S:",'EC'B~P'.~~~E~~E;;R"NES  

FnACTU.R*-SSTE; PAINLESS MOTION  
-
'.-_
.,:THTS.,. 

INFERTO'R'TO 'THE  
~~ff+*'"‘THE
S. BEYOND 
RANGE, DEFORMITY OF THE LEFT TIBIA BUT WITH GOOD HEALING OF THE
.LATISSIMUS  DORSI FLAP WITHOUT TENDERNESS, FULL RANGE OF MOTION IN
'THE 
.,
. 
I'NDENTATn3'N' 
FRACTURE AND
IM NAILING OF THE  
,.,, . 
~ .;, 
SHOWE'f).-'~'If$.~"'~~~~~EI*~."'f~~~~"'WEi'r;' 
.>-THE
LEFT' 
LEFT FEMUR.

TIBIA/FIBULA  FRACTURE.
.HEAL.EF“.A*D  
_RETAINED. 

TI3I~~/‘F.~sULrA~"F-RACTU.RES,  'AND  

KNE.E FROM THE
XeRAYS
HARDWARE"  
THE.

'INFER,~OR','LSPFC'T'"'OF  THE 

.LGWER EXTREMITY A SMALL

'A'.RETATNED 

,,.ANKLE.,, 

ANTER:IdR,

IM NAIL  

IN. THE  

'AT:'THE' 

,RIG,HT 

LE.FP 

,-AND 

,IN 

xN

.. 

__.

r

/

~

k 

.
-._
-.,.7, 
.-

,, 

.i 

,_ 
.__

_ . 

., 
.-~; 

THE PEB RECORD REVIEW PANEL CONSIDERED THE CASE ON 7 FEBRUARY
1991 AND FOUND THE MEMBER UNFIT FOR DUTY BECAUSE OF PHYSICAL
DISABILITY RATABLE AT 0% UNDER V.A. CODE 5261 AND 10% UNDER V.A.
CODE 5262.
REBUTTAL

THE MEMBER DISAGREED WITH THIS FINDING AND SUBMITTED
THE CASE WAS
REQUESTING

ADDITIONAL EVALUATION.

. A

REFERRED TO A FORMAL HEARING.

ENCLOSURE:

(1)

AND NOTIFICATION TO THE MEMBER OF THE DATE OF THE

THE MEMBER DID NOT APPEAR AT THE FORMAL HEARING CONDUCTED 15
AUGUST 1991 BECAUSE APPOINTED COUNSEL FOR THE MEMBER HAD NOT BEEN
ABLE TO CONTACT THE MEMBER THROUGH AVAILABLE ADDRESS OR PHONE
NUMBERS.
HEARING HAD BEEN RETURNED UNDELIVERED.
MEMBER REQUESTED ON BEHALF OF THE MEMBER THAT HE BE RETAINED ON
THE TDRL, ALLEGING THAT THE CONDITION DOES NOT APPEAR STABILIZED
AND- HAS NOT 
SHOULD BE GIVEN BENEFIT OF DOUBT AND RETAINED ON THE TDRL FOR AN
ADDIT_IONAL EVALUATION AS REQUESTED IN THE
LETTER.

.IMPROVED.SO THE. 

LEGAL COUNSEL FOR THE

10% LEVEL; AND THEREFORE, THE MEMBER.

MEMBER'S~  R-EBUTTAL

 

.,_-.
,

'- .1 
in.

.- 

. 

,p

-4

.*
',, % 

-_, 

.

. 

HIP

..-:a"T,",sEA.‘  

.E 

A:LTH$j~G-H*  

,HEARI.NG- 

-.PANEL,

.UNAN?MOU 

:WITH THE  

DIS'CC6‘~POkT  

THE PHYSICAL  

'."AFTER" 
,,.' 
S'. 
BOARD FINDS  

NAVY BECAUSE OF PHYSICAL DISABILITY.

~RR~FU~'.R-EVIEW"OF"ALL  'THE AVAILABLE 

OP.INION,. OF THE 
_THE.MEMBER.REMAINS  UNFIT FOR FULL DUTY

THE 
ALTHOUGH'-'THE.'MEMBER'S'FR'ACTURES  HAVE 'HEALED;  

-'EV'IDENCE- AND BASED ON
EV'ALUATION
IN.T.HE U.S.
.RECORD DOCUMENTS THAT
HE'CONTI'NUES  TO' HAVE
AND'IMPAIRMENT IN THE -LEFT LEG THAT
"SOME COMPLAINTS-OF'  
DUTLES
WOULD 
.AB6"'RD 
REpO'RT*"D~GUME.N'ps
.:? 
.LiTTLE--:. 
OF..IMPAI,RMENT"'EXCEPT FOR SOME PAIN' LI'MITING
'MOTION IN THE RIGHT KNEE,' THE MEMBER'S REBUTTAL LETTER INDICATES
..HE 
LIGAMENTOUS INSTABILITY   IN THE KNEE. PLUS ARTHRITIS   IN THE LEFT
REPORT'OFMARCH- 1989' DID INDICATE SOME
D.ID. NO T
MEMBER.'s  R E BUTT AL 
‘-'THEREFORE,‘ THE 'MEMBER IS
il;~'sxljTc"TTY . 
"lo'%.' 

PREV-IOUS'-TDRL 
MOTIONIN T HE LEF T 
ANY"'PROB.LEh-'IN“THE 

,HIP. -T H E, 
RTGBT. 
_~~'~~lji~z!"'P;‘~~'~~,ffS‘~~~~~D~A~!  

1,NTERF.E.RE 
'3'mpl 
IN::THE...WAY. 

ADEQUATE--vP&RF.O.RMANCE  OF  

IN..THE LEFT ANKLE..  

L'LMITED MOTION  

HAs.:PAIN. AND.  

:*;BEN>EF*f;T:"-b‘F 
V.A.

RATi"NG'.'oF  
CODE. 5255 FOR THE LEFT FEMUR FRACTURE WITH RESIDUAL
IMPAIRMENT  IN THE HIP AND KNEE. AND A 10% RATING FOR THE RESIDUAL
KNE-E 
IMPAIRMENT,.FROM..THE -LEFT 
1. 
'- 
THESE::CGMBINE
. 
To 
: 
CONSIDERED PERMANENT.
,. 
,. . . . . . 
..-I.. 
_,,,.. . . . . 
,.
"C.

To.'*..20%15;:."'."  THE  
;a--;r,-..;r*" . . 

ROUNDED.. 
,. j ,. 

-AN,D--ANKLE.  

TIBIA/FIBULA FRACTURE.

DTSABILITY:' Is
._

‘1‘9%' 
._- 

. MENTION' 
,,
.,A 

DECREASED  
G+V'E;N 
UNDER 

, 'AND THE' 

.THE"' 

CU,GR$NT;'  

I . . ,

>. . . 

..__.. 

_..l.,. . 

.NAVAL 

TDRL.‘ 

ALSO 

-,. 

I<

,,

..SOME.

._ 

,",.^ 

,.,. 

'LEG;

 

r .

 

:

.-