DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION.OF NAVAL RECORDS 7Q1 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 
Docket No. 6570-15 



This is in reference to your application for correction of your naval 
record pursuant to the provisions of 10 USC 1552. Your case was 
reconsidered in accordance with procedures that conform to Lipsman v . 
Secretary of the Army, 335 F. Supp. 2d 48 (D.D.C. 2004) . You were 
previously denied relief by this Board on 4 April 1991 and 30 April 
1992. 


A three-member panel of the Board for Correction of Naval Records, 
sitting in executive session, considered your appl ication on 
8 April 2016. Your allegations of error and injustice were reviewed 
in accordance with administrative regulations and procedures 
applicable to the proceedings of this Boar d. 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. However, after careful and conscientious consideration of the entire record, the Board determined that while your request does contain new information not previously considered by the Board, it does not warrant relief . Accordingly, your request has been denied. The names and votes of the members of the panel will be furnished upon request. 

The Board carefully considered your arguments that you deserve a disability discharge. You contend that the Navy's diagnosis i n 1970 that you suffered from spondylosis was incorrect, warranting a finding that your back condition did not exist prior to entry. Unfortunately, the Board must again disagree with your rationale for relief. Similar to the Board of Veterans Appeal decision on 27 August 1990, the Board was unable to conclude that your back condition was incurred or aggravated by your active duty service. While there is doubt whether the original diagnosis of spondylosis was correct, that doesn't necessitate a finding that your condition did not pre-exist your entry into the Mar ine Corps. Your ent rance physical noted t hat you had a sore back and you informed the medical personnel that you suffered a footbal l injury to your back in 1966. The existence of t hese two previous injuries was enough to convi nce the Board that insufficient evidence exists to support a change to t he medical determinat i on that your back condition was pre-existing. The error in diagnosis does not change the fa~t you had two knoWn injuries to your back prior to your service in the Marine Corps. Either qf these injuries supports t he finding t hat your back condition was pre-existing. , Since the pre­existing finding, and not the diagnosis, i s the basis for denial of military disability benefits, the Board determined no change to your record was warranted. 

I t i s regrettable that the circumstances of your case are such that t he Board will not process any additional r eviews and this matter is considered a final action. However, if you wish to continue to seek reli ef you will need t o present your concerns to a federal court of appropriate jurisdiction. 
Sincerely, 

Executive Director 
2