DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX :
WASHINGTON DC 20370-5100
JRE
Docket No. 07428-09
26 April 2010
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 15 April 2010. 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.
You served on active duty in the Navy from 23 August to 23
December 2005 when you were discharged by reason of erroneous
entry due to chronic knee pain. It appears that the basis for
your discharge was a determination that your knee pain was a
manifestation of your inability to withstand the rigors of
military training that existed prior to your enlistment. As you
were not unfit for duty by reason of physical disability you
were not eligible for a “medical discharge”. A possible
alternative basis for your separation would have been the
convenience of the government due to a condition, not a
disability, which interfered with your performance of duty.
Regardless of the specific basis of your separation, you were
not entitled to receive a characterized separation because you
were discharged while you were in an entry level status, which
runs from the date of enlistment to the date of completion of
180 days of service.
In view of the foregoing, 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,
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