DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJIR
Docket No: 11204-09
2 September 2010
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 1 September 2010. The names and votes of the
members of the panel will be furnished upon request. 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 the evidence submitted was insufficient
to establish the existence of probable material error or
IDTUBELCE .
You enlisted in the Marine Corps on 18 April 1959 at age 17. The
record contains a medical board report dated 7 May 1959 which
reflects that after being referred for an evaluation due to
edematous legs, you were diagnosed with malunion of fractures of
both tibiae and fibulae, a condition that existed prior to your
enlistment. Because of this condition, you did not meet
enlistment standards and were disqualified for useful duty. At
that time you were recommended for an administrative separation.
Subsequently, you were processed for an administrative separation
by reason of unfitness due to a preexisting physical disability,
specifically, diagnosed malunion of fractures of both tibiae and
fibulae. Your commanding officer recommended discharge under
honorable conditions. The discharge authority approved this
recommendation and directed discharge under honorable conditions.
On 13 May 1959, while serving in the rank of private, you were so
discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to upgrade your discharge. Nevertheless,
the Board concluded these factors were not sufficient to warrant
the recharacterization of your discharge because of your limited
term of service, specifically, less than 180 days, and failure to
complete recruit training. Finally, the Board concluded that the
foregoing reasons were sufficient to support your discharge under
honorable conditions. Accordingly, your application has been
denied.
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,
Wheat
W. DEAN
Executive Diuxe
AF | PDBR | CY2010 | PD2010-01015
At the MEB examination, 25 August 2004, just under three months prior to separation, the CI noted that her pain was aggravated by standing and sitting and that she had swelling at the ankle and pain at the knee incision site. Board considered use of the 5262 code for malunion of the tibia and fibula with ankle impairment as it also described the medical condition including the pain which affected ankle function. Accordingly, the Board cannot use both code 8520 and 5262 for the right lower...
AF | PDBR | CY2012 | PD2012 00741
Not Service Connected x 4 Combined: 20% *Initial rating of 0% for left tibia stress fracture increased to 10% based upon appeal by CI and records review by VA ANALYSIS SUMMARY : Chronic Bilateral Leg Pain Secondary to Chronic Bilateral TibialStress Fractures Condition . To that end, the evidence for the chronic left and chronic right leg pain conditions are presented separately with attendant recommendations regarding separate unfitness and separate ratings if indicated.The Board first...
AF | PDBR | CY2010 | PD2010-00591
His condition involved more an injury to his knee; the midshaft of the left knee and ankle, peroneal nerve, weakness and antalgic gait contributed to his pain. Left Lower Leg Condition. Exhibit C. Department of Veterans' Affairs Treatment Record.
AF | PDBR | CY2013 | PD-2013-01599
Post-Separation)ConditionCodeRatingConditionCodeRatingExam [Right] S/P Distal Fibula/Tibia Fracture…5099-50030%S/P Operative Open Reduction, Right Ankle (Tibia and Fibula)52620%20031106**Mental Health ConditionNot AdjudicatedNo VA Entry20031106**Other x 0 (Not in Scope)Other x 4 (Not in Scope)20031106** Combined: 0%Combined: 20%Derived from VA Rating Decision (VARD) dated 20070703 (in evidence)Exam not in evidence, utilized VARD 20070703 comments ANALYSIS SUMMARY :The Board also acknowledges...
AF | PDBR | CY2013 | PD-2013-02258
The Board’s assessment of the PEB rating determinations is confined to review of medical records and all available evidence for application of the Veterans Affairs Schedule for Rating Disabilities (VASRD) standards to the unfitting medical condition at the time of separation. Left Ankle Condition . BOARD FINDINGS : IAW DoDI 6040.44, provisions of DoD or Military Department regulations or guidelines relied upon by the PEB will not be considered by the Board to the extent they were...
NAVY | BCNR | CY2008 | 12082-08
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. In the absence of evidence which demonstrates that your disability was aggravated by your service, the Board was unable to recommend any corrective action in your case. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate...
NAVY | BCNR | CY2003 | 03040-03
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 28 August 2003. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. concurred with the rationale of the hearing panel of the Physical Evaluation Board that considered your case on 15 August 1991. 5255 FOR THE LEFT FEMUR FRACTURE WITH RESIDUAL IMPAIRMENT IN THE HIP AND KNEE.
AF | PDBR | CY2010 | PD2010-00128
The CI appealed to the formal PEB (FPEB), which made no rating changes and the CI was medically separated with a 20% disability rating. The VA coded using 5262 (impairment of tibia and fibula) and rated the condition as malunion with marked knee disability. In the matter of the right knee condition, the Board unanimously recommends a rating of 30% coded 5262 IAW VASRD §4.71a.
AF | PDBR | CY2009 | PD2009-00478
The VA, however, can rate and compensate all service connected conditions without regard to their impact on performance of military duties, including conditions developing after separation that are direct complications of a service connected condition. In the matter of the painful left ankle condition (sinus tarsi syndrome), the Board unanimously recommends a rating of 20% coded 5262 IAW VASRD §4.71a. Service Treatment Record.
AF | PDBR | CY2012 | PD-2012-00912
Any conditions or contention not requested in this application, or otherwise outside the Board’s defined scope of review, i.e. depression and PTSD, remain eligible for future consideration by the Army Board for Correction of Military Records. The Board evaluates DVA evidence proximate to separation in arriving at its recommendations, but its authority resides in evaluating the fairness of fitness decisions and rating determinations for disability at the time of separation. At TDRL exit,...