DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX JRE
WASHINGTON BC 20370-5106 Docket No. 07138-08
23 November 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 16 October 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 ali 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 were discharged form the Navy on 6
April 2001 for the convenience of the government due to a knee
condition that rendered you unsuitable for operational duty
screening but was not considered to be a disability. The Board
noted that despite your long history of history of knee pain,
you were found fit for full duty on 28 November 2000 upon your
completion of a period of limited duty.
In the absence of evidence which demonstrates that you were
unfit to reasonably perform the duties of your rank by reason of
physical disability, as opposed to being unsuitable for
operational duty, and that you were entitled to a disability
rating of 30% or higher, the Board was unable to recommend that
your record be corrected to show that you were retired by reason
of physical disability. 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,
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