DEPARTMENT OF THE NAVY
* BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX JRE
HIN o =
WASHINGTON DC 20870-0190 Docket No. 04877-08
11 May 2009
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, gitting in executive session, considered your
application on 30 April 2009. 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. In this connectién, the Board substantially
concurred with the rationale of the hearing panel of the
Physical Evaluation Board (PEB) that considered your case on 17
March 2005, a copy of which is enclosed.
The Board did not accept your contention to the effect that your
condition was misdiagnosed as a right medial meniscus tear and,
consequently, that your discharge was based on a condition that
did not exist. The Board concluded that you were found unfit for
duty because of the disabling residual effects of meniscus tears
you sustained prior to your entry on active duty. It is clear
that the PEB was aware of the state of your knee joint, as it
noted that an MRI of your knee revealed changes consistent with
a previous meniscectomy versus a tear, and that arthroscopic
inspection of the knee revealed the presence of a truncated
medial meniscus. The Board noted that when evaluating a service
member’s fitness for duty, the manifestations of a condition
reported upon by a medical board are more significant the
precise diagnostic label applied to the condition.
The Board carefully considered your contention to the effect
that your knee condition resolved as a result of the surgery you
underwent on 8 August 2006, and that you are now fit for
military duty, but found those factors insufficient to
demonstrate that you were denied appropriate medical care while
on active duty in the Navy, or that you were discharged
prematurely or erroneously. Accordingly, and as the Board was
not persuaded that it would be in the interest of justice to
recommend corrective action in your case, 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,
“RSs fib
ROBERT D. ALMAN
Acting Executive Director
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