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NAVY | BCNR | CY2007 | 02076-07
Original file (02076-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                                    2 NAVY ANNEX
                                     WASHINGTON DC 20370-5100


                                                                        JRE
                                     Docket No. 02076-07
                                    20 March 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 20 March 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 18 July 2006. On 11 August 2006, you were given diagnoses of bilateral patellofemoral syndrome and subluxation of the iliotibial tendon. As your condition did not improve with treatment and rehabilitation, you were recommended for an entry level separation by reason of erroneous enlistment. Although you apparently did not suffer from significant knee pain prior to enlisting, Navy medical authorities determined that the underlying condition existed prior to your enlistment, and that your enlistment was therefore erroneous. On 14 September 2006, after being advised of your rights in connection with the proposed discharge, you waived your right to consult with counsel, to submit a statement in your own behalf, and to request review by the general court-martial convening authority. You were discharged by reason of erroneous entry on 29 September 2006 and assigned a reentry code of RE-3E.




The Board found that although you were discharged because of knee and back pain, you were not unfit for further service by reason of physical disability at that time, and ther e is no basis for correcting your record to show that you were separated or retired by reason of physical disability. In addition, the Board found that if it had been determined that your condition was incurred during your period of naval service, you would have been discharged for the convenience of the government by reason of a condition, not a disability, which interfered with your performance of duty, and assigned a reentry code of RE-3G. You would not have been retained on active duty, as it would have taken six to twelve months of conditioning and rehabilitation for you to be capable of full and unrestricted duty.
In view of the foregoing, 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 PFEIFFER
                                   Executive Director

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