DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 04145-11
19 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.
A three-member panel of the Board for Correction of Naval Records,
Sitting in executive session, considered your application on 18
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 6 February 1968 to 15 April
1969, when you were discharged pursuant to your request and the
approved findings and recommendation of a medical board that you were
unfit for duty by reason of bilateral chondromalacia patellae, that
existed prior to your enlistment and was not aggravated by your naval
service. On 13 November 1969 and 20 May 2011, the Department of
Veterans Affairs (VA) denied your request for service connection for
that condition based on it independent determination that it was a
constitutional or developmental defect that was not incurred in or
aggravated by your service in the Navy.
The Board did not accept your unsubstantiated contentions to the
effect that your disability increased in severity beyond normal
progression during your naval service, or that you were forced to
accept the findings and recommendation of the medical board and
request immediate administrative separation without entitlement to
disability benefits administered by the Department of the Navy.
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
SErOr om Lmjuptice.
Sincerely,
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