DEPARTMENT OF THE NAVY 

BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No. 8390-16 

MAY 01 2011 

Dear 

This is in reference to your application for correction ofyour naval record pursuant to the 
provisions of 1O USC 1552. 

Although your application was not filed in a timely manner, the Board found it in the interest of 
justice to waive the statute oflimitations and consider your case on its merits. A three-member 
panel ofthe Board for Correction ofNaval Records, sitting in executive session, considered your 
application on 6 April 2017. Your allegations oferror and injustice were reviewed in accordance 
with administrative regulations and procedures applicable to the proceedings ofthis Board. 

Documentary material considered by the Board consisted ofyour application, together with all 
material submitted in support thereof, your naval record and applicable statutes, regulations and 
policies. 

A review ofyour record shows that you entered active duty with the Navy on 28 February 1974. 
You reported to sick call on 12 March 1974 complaining ofright foot pain and informed medical 
personnel that you iajured your foot six months prior to entering the Navy after a 500lb coil fell 
on your foot. On 9 April 1974, a medical board diagnosed you with traumatic arthritis to your 
first metatarsal-tarsal joint that existed prior to entry. As a result, you were discharged on 11 
April 1974 for erroneous entry into the Navy. On 7 October 2015, the Department ofVeterans 
Affairs (VA) rated you for the service connected condition ofdegenerative arthritis ofyour right 
foot. 

The Board carefully considered your arguments that you deserve a disability discharge since you 
were discharged for your foot condition that was later rated by the VA as service connected. 
Unfortunately, the Board disagreed with your rationale for relief. The Board concluded that the 
evidence in your record supports the narrative reason of erroneous enlistment. The medical 
board report of 9 April 1974 clearly shows that you incurred your foot condition six months prior 
to entering the Navy. The fact you failed to inform the Navy prior to your entry onto active duty 
of your preexisting condition was sufficient grounds for the Navy to discharge you for erroneous 
enlistment since you would not have met enlistment standards if you had disclosed your 
condition. The fact the VA decided to grant you a service connected disability rating for a 
disability condition that preexisted your entry into the Navy did not persuade the Board that your 
Navy record is incorrect. Accordingly, the Board was unable to find an error or injustice 
warranting a correction to your record and denied your application. The names and votes of the 
members ofthe panel will be furnished upon request. 

It is regretted that the circumstances of your case are such that favorable action cannot be taken 
at this time. You are entitled to have the Board reconsider its decision upon the submission of 
new and material evidence. New evidence is evidence not previously considered by the Board. 
In this regard, it is important to keep in mind that a presumption ofregularity attaches to all 
official records. Consequently, when applying for a correction ofan official naval record, the 
burden is on the applicant to demonstrate the existence ofprobable material error or injustice. 

Sincerely, 


Executive Director