DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 08398-07
19 September 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 11 September 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 entered on initial active duty for
training in the Marine Corps Reserve (USMCR) on 27 May 2003, at
27 years of age. On 13 August 2003, you sought medical care for
knee pain of about six weeks duration. You were released from
active duty on 23 August 2003. On 13 July 2004, you reported
for a second period of active duty for training. As your knee
became painful shortly thereafter, a magnetic resonance imaging
(MRI) study of your knee was ordered. The MRI which was
conducted on 24 September 2004 showed mild diffuse thinning of
the articular cartilages of the knee, with very minimal
osteopytosis, and a small amount of joint fluid. The results
were otherwise within normal limits. On 10 November 2004, you
Signed a medical record entry in which you were advised that you
were considered physically qualified for release from active
duty; that to receive disability benefits from the Department of
the Navy you must be unfit to perform the duties of your office,
grade, or rating because of disease or injury incurred while
entitled to basic pay; and that after separation, claims for
disability benefits must be submitted to the Department of
Veterans Affairs. A certified physician’s assistant reviewed
your record at that time. He determined that a focused physical
examination was not indicated, and that you were physically
qualified for separation. You were released from active duty on
16 November 2004.
Due to your continued complaints of knee pain, your commanding
officer requested that your case be referred to the Chief,
Bureau of Medicine and Surgery (BUMED), for a determination of
your qualification for continued affiliation with the USMCR. On
28 February 2005, the Chief, BUMED, advised the Commanding
General, Marine Force Reserve, that you were not physically
qualified for retention in the USMCR due to patellofemoral
syndrome and patellar tendonitis. You were discharged from the
USMCR on 8 April 2005.
The Board was not persuaded that you were unfit for duty by
reason of physical disability that was incurred in or aggravated
by your service in the USMCR. The Board concluded that given
the minimal degenerative changes in your knee, it is likely that
you would have been processed for administrative separation by
reason of a condition, not a disability, which interfered with
your performance of duty, had you been on extended active duty
in the USMC, rather than by reason of physical disability. In
addition, the Board concluded that the determination of the
Chief, Bureau of Medicine and Surgery, that you were not
physically qualified for retention in the USMCR is not
tantamount to a finding that you were unfit for duty by reason
of physical disability, and it is not probative of the existence
of material error or injustice 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,
ROBERT D. SALMAN
Acting Executive Director
NAVY | BCNR | CY2008 | 00506-08
On 22 June 2007, the Department of Veterans Affairs (VA) granted his request for service connection for a condition of his right shoulder which it rated at 10% from 4 January 2006. d. On 10 September 2007, the Chief, Bureau of Medicine and Surgery (BUMED) advised the Commanding General, Marine Reserve Forces, that Petitioner was not physically qualified for retention in the USMCR due to lupus. In the Director’s opinion, the available evidence is insufficient to warrant recommending...
NAVY | BCNR | CY2001 | 05898-00
(BUMED) that you It was the Naval In addition, the Board noted that as you did not have a remaining reserve obligation The Board noted that a determination of your fitness for duty and entitlement to disability benefits administered by the Department of the Navy is under the cognizance of Disability Evaluation System (DES), rather than the Bureau of Medicine and Surgery. case if the PEB had evaluated this member, she would have been found fit for continued active duty service. from active...
ARMY | BCMR | CY2004 | 20040008441C070208
The applicant also provides three Consultation Sheets, one dated 24 August 2004 and two dated 31 August 2004; a memorandum, Subject: Request for Recall for Surgery, dated 2 August 2004; a mental health evaluation dated 29 September 2003; copies of his service medical records; redeployment orders dated 25 September 2003; movement orders dated 25 March 2003; a copy of his DA Form 2A (Personnel Qualification Record), Parts I and II; a retirement points statement; a leave and earnings statement...
AF | PDBR | CY2013 | PD-2013-02101
The Board’s assessment of the PEB rating determinations is confined to review of medical records and all available evidence for application of the VASRD standards to the unfitting medical condition at the time of separation. Bilateral Knee Pain Condition . BOARD FINDINGS : IAW DoDI 6040.44, provisions of DoD or Military Department regulations or guidelines relied upon by the PEB will not be considered by the Board to the extent they were inconsistent with the VASRD in effect at the time of...
ARMY | BCMR | CY2011 | 20110010979
MEB Proceedings he provided in support of his previous application show, on 29 December 1992, an MEB diagnosed him to have chronic tendonitis of the left supraspinatus tendon, left patellar tendon, and left Achilles tendon, and recommended that he be referred to a Physical Evaluation Board (PEB). f. A VA Rating Decision, dated 28 September 2004, showing he was granted service-connection for: (1) left shoulder tendonitis rated at 20% from 1 May 2000. The available records show no evidence...
AF | PDBR | CY2014 | PD 2014 00013
RECORD OF PROCEEDINGSPHYSICAL DISABILITY BOARD OF REVIEWNAME: XXXXXXXXXXXXXX CASE: PD-2014-00013BRANCH OF SERVICE: AIR FORCEBOARD DATE: 20140527 Bilateral Knee Pain w/Patellofemoral Chondromalacia s/p Bilateral Patellar Chondroplasty . Despite medications, her knee pain continued and she had an injection of the right knee on 23 October 2003.
CG | BCMR | Disability Cases | 2005-022
The applicant alleged that in addition to suffering from a disability to his right knee, he also suffered from a disability to his left knee, degenerative disc disease in his lower back and severe depression which were not rated by the Central Physical Evaluation Board (CPEB).1 He stated that eight months after his discharge from the Coast Guard he underwent his eighth knee surgery. He stated that the only evidence offered by the applicant to prove that the Coast Guard erred in evaluating...
AF | PDBR | CY2009 | PD2009-00467
The CI was referred to the Physical Evaluation Board (PEB), determined unfit for continued military service, and separated at 10% disability using the Veterans Affairs Schedule for Ratings Disabilities (VASRD) and applicable Air Force and Department of Defense regulations. I have carefully reviewed the evidence of record and the recommendation of the Board. The pertinent military records of the Department of the Air Force relating XXXXXXXXXX be corrected to show that the diagnoses in her...
NAVY | BCNR | CY1999 | 00502-99
Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that his record be corrected to show that he was discharged from the U.S. Marine Corps Reserve (USMCR) for a reason other than being found not physically qualified for further service, o that he may reenlist in the USMCR. The Board, consisting of Messrs. Bartlett, Ensley and ~chultz, reviewed Petitioner's allegations of error and injustice...
AF | PDBR | CY2011 | PD2011-00868
Left Knee Condition . Limited and painful motion was noted on exam. Other than at the VA C&P examination, ROM was normal both pre-separation and at a post-operative physical therapy examination.