DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
NAVY A a
2 NA NNEX JRE
WASHINGTON BDC 20370-5160 .
Docket No. 01690-09
3 August 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 23 July 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 5 November 1987. On 18
July 1988, a medical board determined that you suffered from
bilateral pes cavus and pronation syndrome, which existed prior
to your enlistment and were not aggravated by your service. It
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 rebuttal
thereto. You were discharged on 1 October 1988 pursuant to the
approved recommendation of the medical board. On 11 March 1997,
the Department of Veterans Affairs denied your request for
service connection for your bilateral foot condition. The
denial was confirmed on 24 September 2007.
As you have not demonstrated that your foot condition was
incurred in or aggravated by your naval service, the Board was
unable to recommend that your record be corrected to show that
you were separated or retired by reason of physical disability
with entitlement to severance or retired pay. As you never
served outside of the United States, there is no basis for
correcting your record to show that you participated in
peacekeeping operations. 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,
Wee
W. DEAN PFE
Executive Di or
NAVY | BCNR | CY2009 | 07721-09
You had no military status during the period from 26 June 1979 to 19 December 1988. , The Board considered your application and all pertinent records in accordance with the provisions of SECNAV Instruction 5420.193, enclosure (1), Procedures of the Board for Correction of Naval Records (codified at 32 CFR 723), paragraph 3e. During the 1979-1989 period, you received treatment from VA health care providers for multiple conditions such as hip, back and knee pain, chronic recurrent foot pain,...
NAVY | BCNR | CY2009 | 11122-09
‘A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 April 2010. The BMS determined that you were unfit for duty by reason of bilateral hallux valgus, which was not incurred in or aggravated by your brief period of active duty service, and recommended that you be discharged without entitlement to disability benefits. Consequently, when applying for a correction of an official naval record, the burden is on the...
NAVY | BCNR | CY2005 | 06153-05
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 underwent a pre-enlistment physical examination on 23 June 2001 and were...
NAVY | BCNR | CY2008 | 10068-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 August 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...
NAVY | BCNR | CY2012 | 09636 12
Rh three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 18 October 2012. 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 | CY2009 | 00602-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 November 2009. The MEB established final diagnoses of metatarsalgia and gastroc equinus and recommended that your case be reviewed by the Physical Evaluation Board (PEB). The Board concluded that your receipt of disability ratings from the VA for eight conditions that were not rated by the PEB is not considered probative of the existence of error or...
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 | CY2009 | 07689-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 September 2009. It concluded that your receipt of disability ratings and a non- service connected pension more than thirty years after you were discharged from the Navy is not probative of your contention that you should have been separated or retired by reason of - physical disability in 1970.Accordingly, your application has been denied. Consequently, when...
NAVY | BCNR | CY2009 | 11157-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 July 2010. 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. You appeared before a medical board on 16 October 1968 and were given a diagnosis of bilateral flatfoot, symptomatic, existed prior to enlistment, not...
NAVY | BCNR | CY2001 | 08366-00
TO SUPPORT HIS REQUEST THE MEMBER PRESENTED TESTIMONY AND COPIES OF HIS V.A. THE RECORD DOCUMENTS THAT THE MEMBER HAD CHRONIC LEFT SHOULDER KNEE, AND FOOT PAIN THAT LIMITED HIS ACTIVITIES DUE TO THE ABOVE DIAGNOSES. THE TDRL EVALUATION INDICATES THAT SINCE PLACEMENT ON THE TDRL THE MEMBER HAS UNDERGONE A LEFT ROTATOR CUFF REPAIR IN OCTOBER 1998 BUT CONTINUES TO HAVE CHRONIC SHOULDER PAIN.