DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 00557-06
23 March 2007
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 22 March 2007. 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 entered active duty in the Navy on 27
September 2001. You underwent a pre-separation physical
examination on 21 May 2003 and were found qualified for
separation. You were discharged on 5 June 2003 by reason of a
condition, not a disability, which interfered with your
performance of duty. Following your discharge, the Department of
Veterans Affairs (VA) granted you a 0% disability rating for a
leg length discrepancy, and denied you request for service
connection and disability compensation for several other
conditions.
The Board concluded that irrespective of the cause of your leg
length discrepancy and related low back pain, the available
records do not demonstrate that you were unfit for service by
reason of physical disability at the time of your discharge.
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,
on Qat
W. DEAN PRET
Executive Di
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