DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION. OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 05221-07
4 February 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 25 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.
On 14 February 2007, you disclosed that you had suffered from
chronic right knee pain since injuring the knee three years
earlier while playing hockey, which you had failed to disclose
when applying for enlistment. You stated that you could not
complete the requirements of recruit training because of the
knee pain. On 15 February 2007, you declined to apply fora
waiver of the disqualifying condition in order to remain on
active duty. Although Navy medical authorities initially thought
that you had tibial stress fractures, that condition was
ultimately ruled-out, and you were given a diagnosis of chronic
knee pain with flat feet. You were discharged from the Navy with
an entry level separation on 12 March 2007.
As you have not demonstrated that you were unfit for duty by
reason of physical disability that was incurred in or aggravated
by your naval service, the Board was unable to recommend
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,
LoQead
W. DEAN PFE
Executive D or
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