DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 05434-10
25 March 2011
eres ryt
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 24 March
2011. 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 entered on active duty in the Marine Corps on 16 June 1972. On
29 July 1972 you reported a three year history of pain and swelling
in your right knee. A medical board convened on 31 August 1972 and
diagnosed your condition as internal derangement, right knee,
existed prior to your enlistment. The medical board determined that
you failed to meet the minimum standards for enlistment due to that
condition, and recommended that you be discharged without disability
benefits administered by the Department of the Navy. You were advised
of the foregoing on 31 August 1972, and declined to submit a statement
in rebuttal. You were honorably discharged on 8 September 1972 in
accordance with the approved findings and recommendation of the
medical board.
The Board carefully considered your contention that your knee was
injured during your period of naval service, but found it
unsubstantiated and insufficient to warrant correcting your record
to show that your disqualifying knee condition was incurred in or
aggravated by your brief period of service. 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#annot be taken. You are entitled to have the Board
reconsider its dec#sion 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 injlstice.
Sincerely,
W. DEAN PFEIF
Executive Dire
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