DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 11616-09
19 July 2010
Dea rma
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 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 enlisted in the Navy on 27 July 1981. On 9 October 1981, a medical
board gave you a diagnosis of internal derangement, right knee,
symptomatic, existed prior to enlistment, and not service
aggravated. The medical board noted that you had failed to disclose
your history of a disqualifying knee disorder when you applied for
enlistment. The medical board recommended that you be discharged
without entitlement to disability benefits. On 9 October 1981, after
being informed of the findings and recommendation of the medical
board, you declined to submit a statement in rebuttal thereto. You
were discharged in accordance with the approved recommendation of
the medical board on 19 October 1981.
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 brief period of naval service, the Board was unable
to recommend 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,
lucy
W. DEAN
Executive rector
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