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NAVY | BCNR | CY2005 | 07119-05
Original file (07119-05.rtf) Auto-classification: Denied
                                            DEPARTMENT OF THE NAVY
 BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 07119-05
25 September 2006
          Dear XXXXX
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 21 September 2006. Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable is the proceedings of this Board. Documentary material considered by she 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 served on active duty in the Marine Corps from 10 September 2001 to 14 September 2004, when you were discharged because of patellofemoral pain syndrome, a condition, not a disability, that interfered with your performance of duty. Following your discharge, the Department of Veterans Affairs (VA) granted you service connection for bilateral paatellofemoral pain syndrome and bilateral plantar fasciitis, with a combined rating of 40%.
The Board noted that although the VA must rate all conditions that were incurred in or aggravated by a veteran’s period of military service, without regard to the issue of fitness for military duty, the military department may assign disability ratings only in those cases where a service member has been found unfit to reasonably perform the duties of his office, grade, rank or rating. The Board was not persuaded that the pain in your knees and feet, which was exacerbated by your excessive body weight, and interfered with your performance of duty, rendered you unfit by reason of physical disability. 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 PFIEFFER
Executive Director
UNIIED STATES MARINE CORPS
20 TRANSPORTATION SUPPORT BA1TALION
20 FORCE SERVICE SUPPORT GROUP
PSC BOX 20132
CAMP LEJEuNE, NORTh CAROLINA 28542-0132


 IN REPLY REFER T 0:
 1000
Adj
 25 Feb 04
From:    Battalion Surgeon, 2d Transportation Support Battalion
 To:      Commanding Officer, 2D Transportation Support Battalion

Subj:    RECOMMENDATION FOR ADMINISTRATIVE SEPARATION



Ref:     (a) MCO 1900.16
         (b) SECNAVINST 1850.4D

1.       XXXXX is being recommended for an administrative separation by the Sports Medicine Clinic, Orthopedic Surgery and by the 2TSB BAS in accordance with the provisions of references (a) and (h) This service member has been diagnosed with right knee patellofemoral pain syndrome.
2.       XXXXX is currently on a 6 month limited duty period and has been given all modalities of treatment without significant improvement.

 3.       Given XXXXXXX lack of improvement despite all treatments available, further LIMDU will likely not be of benefit it thus an Administrative Separation is recommended per the provisions of references (a) and (h)
4                 Any question or concerns may be direct to myself at
         9634.






 LT MC USNR

Copy to:
 Member
 Medical Record
File








 STATEMENT OF UNDEPSTANDING FOR MEMBERS ON LIMITED DUTY BOARDS


 I, XXXXX, hereby acknowledge I have been informed that my limited duty board is being processed. I understand that I am responsible for making and keeping a reevaluation appointment no later than sixty (60) days prior to the expiration date of the limited duty board.
I understand that I am required to report to the Medical Board Section within twenty four (24) hours after the re-evaluation appointment of my limited duty board with my health record to see a medical board counselor for further processing of on medical board
          :       








copy to:
 Member
File
BAS

















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