DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 06935-10
27 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 21 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.
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 Marine Corps on 11 December 2002, and received
treatment for a contusion of the right knee on 23 December 2002. On
7 January 2003 you were given a diagnosis of patellofemoral syndrome,
and on 14 January 2003, you disclosed that you had suffered from knee
pain since high school. The diagnosis of your knee condition was
changed to chondromalacia patella (CMP), and you were recommended
for discharge because knee pain which interfered with your ability
to perform your duties as a recruit. You were discharged on 11
February 2003 with an uncharacterized entry level separation and
assigned a reentry code of RE-3P, which indicates that you require
a waiver of physical disqualification in order to become eligible
for reenlistment. On 3 December 2010, the Department of Veterans
Affairs denied your request for service connection for residuals of
an injury to your right knee.
The Board was not persuaded that you were discharged from the Marine
Corps in error. Although you were not unfit for duty by reason of
physical disability, you suffered from a condition which interfered
with your performance of duty and warranted your separation. The
assignment of a reentry code of RE-3P does not indicate that you have
a “permanent” knee condition, or that you are precluded from
reenlisting at some time in the future. As it is not within the
purview of the Board to grant a waiver of physical disqualification
from enlistment, no action was taken on that portion of your request.
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,
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