DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRI
Docket No. L1llS7=09
16 July 2010
ea
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 July
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 appeared before a medical board on 16 October 1968 and were given
a diagnosis of bilateral flatfoot, symptomatic, existed prior to
enlistment, not aggravated by service; accordingly, the medical
board recommended that you be discharged without entitlement to
disability benefits administered by the Department of the Navy. The
medical board report indicates that you admitted that your condition
had been symptomatic prior to your enlistment, and that you had
controlled your symptoms with limited weight bearing. On 16 October
1968, after being advised of the findings and recommendation of the
medical board, you waived your right to a hearing before a physical
evaluation board, acknowledged that you would be discharged in the
near future without further hearing or disability severance or
retirement pay, and requested that you be administratively
discharged as soon as possible. You were discharged in accordance
with your request on 25 October 1968.
In the absence of evidence which demonstrates that you were unfit
for duty by reason of physical disability that was incurred in or
aggravated by your naval service, 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,
\sQeotte
W. DEAN P E
Executive ctor
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