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NAVY | BCNR | CY2007 | 01381-07
Original file (01381-07.rtf) Auto-classification: Denied
.        DEPARTMENT OF THE NAVY
         BOARD FOR CORRECTION OF NAVAL RECORDS
                                                                2 NAVY ANNEX
                                                       WASHINGTON DC 20370-5100

         JRE
 Docket No. 01381-07
5 September 2007

         Dear


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 30 August 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 enlisted in the Navy on 27 August 1971. You were evaluated by a medical board on 26 October 1971, and given a diagnosis of bilateral chondromalacia patella, existed prior to entry (EPTE), not aggravated by service. The medical board report indicates that you reported to sick call on 11 October 1971 complaining of painful knees. You disclosed that you had injured your knees playing football three years earlier, and that you had occasional pain since that injury. According to a statement you made, you had the condition prior to enlisting.

The medical board determined that you did not meet the minimum physical standards for enlistment because of that condition, and recommended that you be discharged by reason of erroneous enlistment. On 26 October 1971, you signed a statement in which you acknowledged that you had been advised of the findings and recommendation of the medical board, and of your right to submit a statement in rebuttal thereto. The cover sheet of the medical board report indicates that you were also advised of your right to a full and fair hearing before a physical evaluation board, and that you had waived that right. You were honorably discharged on 28 October 1971 in accordance with the approved findings and recommendation of the medical board.

The Board did not accept your contention to the effect that you did not have a disqualifying knee condition prior to your enlistment in the Navy. Your contention that you did not play any “kind of ball” before you enlisted is contradicted by entries in your naval record and not probative of the existence of probable material error or injustice in your record. As noted above, you had the opportunity to submit a statement in rebuttal to the medical board report in 1971, but failed to do so. In the absence of evidence which demonstrates that your condition was incurred in or aggravated by your brief period of naval service, 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.

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,



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