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NAVY | BCNR | CY2007 | 02798-07
Original file (02798-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

JRE
 Docket No. 02798-07
          3 April 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-me mb er panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 27 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 served on active duty in the Navy from 18 September 2006 to 3 January 2007, when you were discharged with an uncharacterized entry level separation by reason of a condition not a disability which interfered with your performance of duty, based on the determination of medical authorities that your chronic knee pain, which was secondary to Osgood-Schiatter disease and patella alta, interfered with your performance of duty, but did not render you unfit for further service by reason of physical disability. The Board concurred with that determination. In addition, the Board noted that when a separation is initiated within a Sailor’s first 180 days of service, as in your case, the separation will be with effected with an uncharacterized entry level separation, unless an honorable characterization is clearly warranted by the presence of unusual circumstances involving personal conduct and performance, and then only upon the approval by the Secretary of the Navy on a case-by-case basis. The Board did not find any unusual circumstances in your case that would warrant consideration of an honorable 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,


         W. DEAN PFEIFFER
          Executive Director

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