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NAVY | BCNR | CY2008 | 07097-08
Original file (07097-08.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 JRE

Docket No. 07097-08
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, sitting in executive session, considered your
application on 7 May 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.

The Board found that you enlisted in the Marine Corps on 27
August 1984. On 5 August 1985, a medical board gave you a
diagnosis of osteochondritis dissecans, right medial femoral
condyle, which existed prior to your enlistment and was not
aggravated by your service. The medical board report indicates
that you admitted having intermittent symptoms of right knee
pain with heavy activity since you were 14 years of age, and
that you had experienced recurrent knee pain with occasional

- gwelling since enlisting that was related to running. The
medical board determined that you failed to meet the minimum
physical standards for enlistment because of. the knee condition,
and recommended that you be discharged 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 response
thereto. You were discharged in accordance with the approved
recommendation of the medical board on 8 November 1985.

In the absence of evidence which demonstrates 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 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,
ead 2, fe
ROBERT D. “2SALMAN
Acting Executive Director

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