DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECOBRS
WASHINGTON De bos Docket No. 01879-09
705100 43 April 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 9 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 enlisted in the Navy on 20 April 1982.
You were evaluated by a medical board on 4 May 1982 and given a
diagnosis of bilateral leg pain that existed prior to your
enlistment and was not aggravated by your service. You advised
the medical board that you had a ten year history of bilateral
calf pain with activity, which you had not disclosed when you
applied for enlistment. You also stated that the Navy was “no
place” for you. You were discharged by reason of erroneous
enlistment on 7 Mary 1982, in accordance with the approved
Findings and recommendation of the medical board.
The Board rejected your unsubstantiated contention to the effect
that you were discharged as a result of a traumatic injury you
claim you sustained during your brief period of naval service.
Accordingly, and as you have not demonstrated that you were
unfit for duty because of a condition that was incurred in or
aggravated by your 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,
Vo Da J
W. DEAN PFEIXFHR
Executive Dikecbor
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