DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX JRE
WASHINGTON DC 20370-5100 Docket No. 03570-08
22 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 18 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 enlisted in the Navy on 13 October
1969. On 23 December 1969, a medical board determined that you
were not physically qualified for service because of a
degenerative knee condition that existed prior to your
enlistment and was not aggravated by your naval service. The
medical board report indicates that you reported a five-year
history of chronic knee pain. The medical board recommended
that you be discharged by reason of erroneous enlistment,
without entitlement to disability benefits administered by the
Department of the Navy. After being advised of the findings and
recommendation of the medical board, you declined to submit a
statement in rebuttal. You were honorably discharged by reason
of erroneous enlistment on 13 January 1970. On 11 December
1973, the Veterans Administration denied your request for
service connection and disability compensation for a knee
condition.
As you have not demonstrated that you were physically qualified
for further service on 13 January 1970, there is no basis for
any 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,
Lene RD)
W. DEAN PF
Executive or
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