DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 07665-07
30 June 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 12 June 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 underwent a pre-enlistment physical
examination on 7 January 1972 and were found physically
qualified for enlistment. You entered on active duty on 31 May
1972. On 8 June 1972, a medical board gave you a diagnosis of a
ventral incisional hernia secondary to an old splenectomy, which
existed prior to enlistment, and was not service aggravated. As
you refused to undergo a simple corrective procedure, the
medical board recommended that you be discharged by reason of
erroneous enlistment. On 8 June 1972, after being advised of
the findings and recommendation of the medical board, you
declined to submit a statement in rebuttal thereto. You were
discharged from the Navy on 16 June 1972, having completed 16
days of active service, in accordance with the approved
recommendation of the medical board.
The fact that you were not found to have an incisional hernia
when examined on 7 January 1972 does not demonstrate that the
hernia was not present on 8 June 1972, when you entered on
active duty, or that it was other than the result of natural
progression of a pre-existing condition. You apparently agreed
with the findings of the medical board at the time in question,
as you did not submit a statement in rebuttal or otherwise
challenge its findings. Accordingly, and as you have not
demonstrated that you were unfit for service by reason of
physical disability, 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,
lpQeerS
W. DEAN PFETF
Executive Dir
ARMY | BCMR | CY2001 | 2001056785C070420
The applicant requests correction of military records as stated in the application to the Board and as restated herein. The evidence of record confirms that the applicant was separated after completing just over 1 month of active military service and therefore, his uncharacterized discharge was appropriate. There is no evidence of record and none has been presented that he developed an incisional hernia while on military duty.
AF | PDBR | CY2011 | PD-2011-00970
RECORD OF PROCEEDINGS PHYSICAL DISABILITY BOARD OF REVIEW NAME: XXXXXXXXXXXXXXXXXX CASE: PD1100970 BRANCH OF SERVICE: ARMY BOARD DATE: 20130313 SEPARATION DATE: 20050606 SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this covered individual (CI) was an active duty SPC/E-4 (19K10/M1A1 Armor Crewman) medically separated for chronic abdominal pain. The PEB adjudicated chronic abdominal pain, rated 10%. Pre...
NAVY | BCNR | CY2008 | 02433-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 11 December 2008. The VA granted you a disability rating of 10% for a hiatal hernia with psychophysiological gastrointestinal disorder, history of peptic ulcer, history of cholecystectomy; and a separate 10% rating for migraine headaches. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate...
NAVY | BCNR | CY2002 | 06435-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 1 February 2002. Your were discharged on 27 July 1972 pursuant to the approved findings of a medical board that you failed to meet the minimum physical standards for enlistment because of the residual effects of a knee injury you sustained in January 1972, which you failed to disclose when you underwent your pre- enlistment physical examination. Consequently,...
NAVY | BCNR | CY2002 | 10121-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 January 2003. The Board found that you underwent a pre-enlistment physical examination on 27 March 1995, and denied having a history of “Rupture/Hernia”. 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.
NAVY | BCNR | CY2008 | 01325-08
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 28 September 1972. You were honorably discharged...
NAVY | BCNR | CY2001 | 03232-00
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. You were not discharged because of the effects of a recurrent hernia, as you now allege, but because of the effect of recurrent bilateral varicocele. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...
ARMY | BCMR | CY2007 | 20070002837C071029
Title 10, U.S. Code, Section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. On 20 May 1992, an informal PEB recommended the applicant be placed on the TDRL due to a diagnosis of rectal carcinoma with septic shock with a 100 percent disability rating. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.
NAVY | BCNR | CY2007 | 05402-07
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 Marine Corps on 13 August 1985. On 3 December 1985, a...
NAVY | BCNR | CY2002 | 08182-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 November 2002. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...