DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DCG 20370-5100
JRE
Docket No. 12383-09
41 December 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 i0 December 2009. Your allegations of error and
‘injustice were reviewed in accordance with administrative
reguiations 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 apolicable 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. In this regard, the Board found that you
were discharged because of chronic ankle pain which you believed
was disabling. Whether or not the condition was properly
diagnosed as osteochondritis dissecans (OCD) is immaterial,
because you would have been found unfit for duty even if that
diagnosis had been incorrect; however, the Board found that the
diagnosis of OCD is substantiated by a statement from an
orthopedic surgeon dated 18 June i981 which is filed in your
record, The surgeon stated that you had healed OCD of both
ankles, with some arthritic changes of both ankles. The medical
statement dated 12 November 2009 you submitted in support of
your application, which is too the effect, that recently taken
X-ray images of your ankles show no acute fractures,
dislocations or articular defects, does not demonstrate that
your former diagnosis cf OCD is erroneous.
The Board found that RE-3P is the most favorable reentry code
that may be assigned to the Marine being discharged by reason of
physical disability. The alternative code is RE-4. As you have
not demonstrated that you were discharged in error, the Board
was unable to recommend that your reentry code be changed or to
correct your record to show that you were retained on active
duty until you had completed the full period of service for
which you had enlisted.
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,
W. D
Executive
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