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NAVY | BCNR | CY2010 | 06393-10
Original file (06393-10.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX JRE
WASHINGTON DC 20370-5100 Docket No 06393-10

18 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 14 April
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.

Bfter 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 15 February 1984. You complained of
bilateral knee pain on 27 February 1984, and reported a history of
chondromalacia patellae. You were noted to have swollen ankles and
an ulceration on the left lower extremity which you attributed to
a pre-service moped injury. A medical board convened on 1 April 1984
and gave you a diagnosis of osteochondritis dissecans (OD), left
knee, existed prior to enlistment, not service aggravated. The
medical board determined that you did not meet the minimum physical
standards for enlistment because of the OD, and recommended that you
be discharged without entitlement to disability benefits
administered by the Department of the Navy. You were discharged in
accordance with the approved findings and recommendation of the
medical board on 25 April 1984. You were examined at a Veterans
Administration medical facility on or about 13 September 1984 and
were noted to have an ulcer on your left lower extremity which you
indicated had been present for one year. You indicated that you had
sustained trauma to that extremity, as well knee pain and varicose
veins, in a moped accident. On 26 October 1984, the VA awarded you
disability ratings for service-aggravated OD, and for varicose
veins.

The Board was not persuaded that you were unfit for duty by reason
'of physical disability that was incurred in or aggravated by your
brief period of naval service. It was clear to the Board that the
disqualifying OD, as well as the condition which resulted in the

development of varicose veins after you were discharged, existed

prior to your enlistment and did not increase in severity beyond

natural progression while you were on active duty. 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,

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