DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 11023-10
5 August 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.
sitting in executive session, considered your application on 4 August
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 served on active duty in the Navy from 25 January to 15 February
2006, a period of 21 days, when you were discharged by reason of
erroneous entry due to knee pain that existed prior to your
enlistment .
Your record contains an entry dated 3 February 2006 in which you
certified that your knee pain had existed prior to your enlistment,
and that it was not revealed during your pre-entry physical
examination. Other record entries indicate that you had injured
your knee ina motorcycle accident at age 12, and that your knees
had become increasingly painful as you increased your level of
physical activity in preparation for your entry on active duty. The
available records do not demonstrate that that you were unfit for
duty by reason of physical disability, vice temporarily not
physically qualified for service, or that you sustained any
significant trauma to your knees during your period of service.
In the absence of evidence which demonstrates 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,
W. DEAN P
Fxecutive Dirgetor
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