DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 05997-10
11 April 2011
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 31 March
2011. Your allegations of error and injustice were reviewed in
accordance with administrative regulations and procedures
applicable te 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 completed a Report of Medical History on 11 February 2006 in which
you disclosed a history of chicken pox and myopia, and denied all
other significant history of illness and injury. You specifically
denied having a history of back pain and the use of corrective devices
such as braces or supports. You enlisted in the Navy on 8 March 2006.
It appears that you enlistment was fraudulent, because you belatedly
disclosed that you had been treated for a “back problem” as an
adolescent, and that you had been required to wear a back brace. You
were given a diagnosis of scoliosis, existed prior to enlistment,
ang recommended for an entry level medical separation. You were so
discharged on 11 May 2006, without entitlement to disability benefits
administered by the Department of the Navy.
The Board was not persuaded that you were denied necessary medical
care during your brief period of naval service, or that the care you
received was inadequate or deficient. Accordingly, and as you have
not demonstrated that you were unfit for duty by reason of physical
disability that was incurred in or aggravated by your brief period
of service, 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
“Sr 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,
Executive Di
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