DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 00662-07
28 January 2008
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 17 January 2008. 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 enlisted in the Navy on 15 September
2001. On 9 October 2003, you were the subject of an abbreviated
limited duty medical board which recommended, because of your
complaints of low back pain, that you be exempted from
prolonged standing, running and lifting for a period of six
months. You were reexamined on 29 January 2004 and found fit for
full duty. On 3 September 2004, after undergoing a low back
workup which did not yield any objective signs of low back
pathology, you agreed that administrative separation from the
Navy was the best option for you. to pursue. On 17 September
2004, while undergoing a pre-separation physical examination,
you indicated that that you did not desire a medical board. On
23 November 2004, you were discharged for the convenience of the
government because of a physical condition not considered a
disability which interfered with your performance of duty. On
14 March 2006, the Department of Veterans Affairs (VA) awarded
you disability ratings of 10% for each knee for patello-femoral
syndrome, and 0% for chronic low back pain. On 23 August 2006,
based on the results of an examination conducted on 28 September
2005, the VA increased the rating for the back condition to 20%,
and made that rating effective from 24 November 2004.
The Board found that while the VA may rate any condition that
was incurred in or aggravated by a period of military service,
the military departments may assign disability ratings only in
those case where a service member has been found unfit for duty.
In the absence of evidence which demonstrates that on 23
November 2004 your were unfit to reasonably perform the duties
of your grade or rating due to bilateral patello-femoral
syndrome and/or chronic low back pain, and that you should have
received a combined disability rating of 30% or higher for those
conditions, the Board was unable to recommend any corrective
action in your case. Accordingly, your application has been
denied. The names and votes of the members of the panel will be
furnished upon request.
The Board did not consider your request for the upgrade of your
discharge from general to honorable because you did not exhaust
an available administrative remedy by applying to the Naval
Discharge Review Board.
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 PFEI
Executive Di
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