DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
					      2 NAVY ANNEX
WASHINGTON DC 20370-5100 

							JRE
						 Docket No. 05116-04
						 13 August 2004

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 29 July 2004. 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 there of , 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 found that you enlisted in the Navy on 29 July 1974. You were evaluated by a medical board on 14 August 1974, and given diagnoses of thoracic scoliosis, existed prior to enlistment, not service aggravated, and status/post congenital cerebral palsy. The medical board concluded that although you were not unfit for duty by reason of physical disability, you failed to meet the minimum physical standards for enlistment because of the aforementioned conditions. Accordingly, it recommended that you be discharged without entitlement to disability benefits administered by the Department of the Navy. On 14 August 1974, you were advised of the findings and recommendation of the medical board, and of your right to submit a statement in rebuttal thereto. You declined to submit a statement in your own behalf. You were discharged in accordance with the approved recommendation of the medical board on 16 August 1974. You completed 19 days of service.

The Board noted that although you complained of upper back pain after falling in a shower on or about 4 August 1974, and were noted to have tenderness in your upper back, there is no indication in the available records that you sustained a fractured vertebra as a result of the fall, or that the fall resulted in permanent aggravation of your disqualifying spinal condition. Furthermore, as the condition was productive of no more than minimal impairment at that time, it would not have warranted a rating in excess of 0% even if it had been considered a ratable disability, rather than a pre-existing disqualification from military service.

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.