DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 JRE
Docket No. 01332-09
17 April 2009
Mit
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 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.
The Board found that you served on active duty in the Marine
Corps from 10 October 1990 to 16 May 1993, when you were
discharged by reason of physical disability because of a knee
condition that was rated at 10% disabling by the Physical
Evaluation Board. Available records indicate that although you
had knee pain and mild quadriceps atrophy, there was no
effusion, laxity or ratable limitation of motion of the knee
joint.
As you have not demonstrated that your knee condition was
ratable at or above 30% disabling as of 16*May 1993, the Board
was unable to recommend 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,
W. DEAN PF
Executive D2
NAVY | BCNR | CY2008 | 06051-08
of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 July 2009. 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. 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.
NAVY | BCNR | CY2009 | 01359-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 March 2009. In the absence of evidence which demonstrates that you were unfit to reasonably perform the duties of your office, grade, rank or rating by reason of physical disability at the time of to your discharge, the Board was unable to recommend corrective action in your case. Consequently, when applying for a correction of an official naval record, the...
NAVY | BCNR | CY2008 | 04018-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 March 2009. The Board concluded that your receipt of substantial disability ratings from the VA effective the day after you were discharged from the Navy is not probative of the existence of error or injustice in your Navy record. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate...
NAVY | BCNR | CY2007 | 09791-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 18 September 2008. In addition, the VA may amend ratings at any time it determines there has been a significant improvement or worsening of a rated condition, and it may add ratings for new conditions that are considered secondary to a rated condition, as in your case, where you received ratings for bilateral hip conditions more than eight years after you were...
NAVY | BCNR | CY2002 | 05069-02
As you have not demonstrated that your sleep apnea condition was ratable above 10%, or that any of your other conditions rendered you unfit for duty, the Board was unable to recommend any corrective action. THE HEARING WAS RECONVENED ON 3 SEPTEMBER 1996 WITH COUNSEL FOR THE MEMBER BUT WITHOUT THE MEMBER BEING PRESENT, AT WHICH TIME ADDITIONAL EVIDENCE WAS SUBMITTED, INCLUDING THE NEUROPSYCHOLOGIC EVALUATION REPORT AND A SHOWERS EVIDENCE LETTER FROM THE MEMBER’S FORMER COMMANDING OFFICER. ...
NAVY | BCNR | CY2009 | 06515-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 September 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...
NAVY | BCNR | CY2002 | 00880-00
Sincerely, W. DEAN PFEIFFER Executive Director -- Enclosure i RATIONALE ON 13 SEPTEMBER 1996, A MEDICAL BOARD WAS CONVENED AT THE NAVAL HOSPITAL, CAMP LEJEUNE, NORTH CAROLINA IN THE CASE OF THIS 28 YEAR OLD MEMBER WITH THE FOLLOWING DIAGNOSES: (1) CHRONIC INSTABILITY LEFT SHOULDER, 71881 (2) CHRONIC MECHANICAL LOW BACK PAIN, 7242 (3) CHRONIC DEGENERATIVE ARTHRITIS LEFT KNEE, 71598 (4) SUBLUXATION SPONTANEOUS MANDIBLE, 8300 -- THE RECORD REVIEW PANEL OF THE PHYSICAL ON 15 JANUARY...
NAVY | BCNR | CY2010 | 06149-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 April 2011. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2010 | 07762-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 31 March 2011. You accepted those findings on 10 January 1989, and were honorably discharged from the Marine Corps on 17 February 1989 Following your discharge, the Department of Veterans Affairs (VA) awarded you a 10% rating for the flat feet condition, and denied your request for service connection fora bilateral knee condition. Consequently, when applying for a...
NAVY | BCNR | CY2003 | 03396-03
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 11 September 2003. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. On 20 March 2002, the Naval Medical Center, Portsmouth, Virginia, recommended that you It gave you diagnoses of be discharged from the Navy because of your unsuitability for continued military service due to your...