DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
AVY ANNEX
a IN a JRE
WASHING 20370-
A TON DC S100 Docket No. 00322-09
5 June 2009
Dear <—_———
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 29 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 policiés.
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 17
August 2005. You complained of knee pain throughout your period
of service, and were ultimately given a diagnosis of
patellofemoral pain syndrome (PFPS). As your condition was not
considered to be a disability, but did interfere with your
performance of duty, you were discharged on 29 June 2007 for the
convenience of the government by reason of a condition, not a
disability. You were discharged without entitlement to
disability benefits administered by the Department of the Navy.
On 5 February 2008, the Department of Veterans Affairs (VA)
awarded you disability ratings of 10% for PFPS and 0% for
residuals of a fractured rib.
Your receipt of disability ratings from the VA is not probative
of the existence of error or injustice in your naval record
because the VA assigned those ratings without regard to the
issue of your fitness for military service on the date of your
discharge. As you have not demonstrated that you were unfit for
duty on 29 June 2007, 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,
laQas
W. DEAN
Executive ractor
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