DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 08353-08
26 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 25 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. In this regard, the Board found that
although your medical board concluded that your degenerative
knee condition did not exist prior to your enlistment (EPTE),
the Physical Fvaluation Board (PEB)classified that condition ass
EPTE and not service aggravated. On 14 August 1987, after being
advised of the findings of the PEB, you waived the right to
demand a formal hearing and to submit a statement in your
behalf, and you accepted the findings of the PEB. You were
discharged from the Marine Corps on 18 September 1987, in
accordance with the approved findings of the PEB. In a rating
decision dated 1 March 1989, the Veterans Administration
determined independently that your knee condition was not
“service connected”, and denied your request for disability
benefits.
In view of the foregoing, and as you have not demonstrated that
your knee condition was incurred in or aggravated by your naval
service, 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,
\Bdoa 10
W. DEAN PFE
Executive D ter
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