DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 JRE
Docket No. 10876-10
22 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.
The Board did not accept your contention to the effect that you
discovered the alleged error or injustice in your record in 2009,
as it is clear that you were aware of the basis of your separation
in 1987.
You enlisted in the Marine Corps on 27 January 1987. It appears that
your enlistment was fraudulent in that you failed to disclose your
pre-service history of back pain and scoliosis. Shortly after your
entry on active duty, you sought treatment for back pain and reported
that you had had chronic pain since you were injured in a motor vehicle
accident about eighteen months earlier. You also disclosed a
pre-service history of scoliosis. On 8 September 1987, a medical
board gave you a diagnosis of thoracic kyphoscoliosis, existed prior
to enlistment, and recommended that you be separated from the Marine
Corps without entitlement to disability benefits administered by the
Department of the Navy. You signed a statement on that date in which
you acknowledged that you had been advised of the findings and
recommendation of the medical board. You also waived your right to
a hearing before a physical evaluation board, requested that you be
administratively discharged as soon as possible, and acknowledged
that you were not required to waive your rights, and affirmed that
you had signed the statement voluntarily. You were discharged from
the Marine Corps on 8 October 1987 in accordance with the approved
findings and recommendation of the medical board.
The Board was not persuaded that you sustained a significant injury
to your back while you were serving on active duty. As you failed
to demonstrate that you were unfit for duty by reason of physical
disability that was incurred in or aggravated by your naval service,
the Board was unable to recommend favorable action on your request.
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,
Executive Director
NAVY | BCNR | CY2010 | 05997-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 31 March 2011. You enlisted in the Navy on 8 March 2006. 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.
NAVY | BCNR | CY2008 | 02149-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 23 October 2008. You were released from active duty on 17 March 2006, and discharged from the USMCR on 6 December 2006 at the expiration of your enlistment. 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.
NAVY | BCNR | CY2001 | 03232-00
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. You were not discharged because of the effects of a recurrent hernia, as you now allege, but because of the effect of recurrent bilateral varicocele. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...
NAVY | BCNR | CY2009 | 07721-09
You had no military status during the period from 26 June 1979 to 19 December 1988. , The Board considered your application and all pertinent records in accordance with the provisions of SECNAV Instruction 5420.193, enclosure (1), Procedures of the Board for Correction of Naval Records (codified at 32 CFR 723), paragraph 3e. During the 1979-1989 period, you received treatment from VA health care providers for multiple conditions such as hip, back and knee pain, chronic recurrent foot pain,...
ARMY | BCMR | CY2009 | 20090013365
The applicant requests that her physical evaluation board (PEB) findings be corrected to show she was found unfit under the Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) codes 5289 and 5288, that her disability rating be corrected to show 50 percent, and that she be medically retired due to her increased disability rating. She was rated under the VASRD and given a 10-percent disability rating for codes 5299-5295. Records provided by the VA indicate the applicant...
NAVY | DRB | 2005_Navy | ND0501165
ND05-01165 Applicant’s Request The application for discharge review was received on 20050706. The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to general (under honorable conditions). On DD Form 2807, Question 12c, the Applicant denied having “Recurrent back pain or any back problem.” While on active duty, the Applicant encountered significant back pain that was ultimately diagnosed by Navy medical professionals as Spina Bifida Occulta.
NAVY | BCNR | CY2002 | 04284-00
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 February 2001. 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. You were discharged on 28 November 1969 due to your failure to meet the minimum physical standards for enlistment due to a condition which existed...
USMC | DRB | 2003_Marine | MD03-00374
The Applicant requests the characterization of service received at the time of discharge be changed to honorable. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, no impropriety or inequity in the characterization of the Applicant’s service was discovered by the NDRB. The Applicant’s service record did not contain any unusual circumstances during his less than one month in the military during the enlistment period under review to...
NAVY | BCNR | CY2002 | 04899-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 November 2002. Documentary material considered by the Board 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant...
USMC | DRB | 2009_Marine | MD0902639
Applicant seeks an upgrade in his characterization of service to Honorable and a change in narrative reason for separation and corresponding separation code from Fraudulent Entry into Military Service to either physical disability by medical board or any other medical discharge separation code. Having reviewed the facts of the discharge, the NDRB determined that the Applicant’s characterization of service upon separation as Uncharacterized was appropriate and equitable; a change would be...