DEPARTMENT OF THE NAVY 

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


Docket No. 780-18 
Ref: Signature Date 



Dear 
This is in reference to your application for correction of your naval record pursuant to the 
provisions of 10 USC 1552. After careful and conscientious consideration of the entire record, 
the Board found the evidence submitted was insufficient to establish the existence of probable 
material error or injustice. Consequently, your application has been denied. 

Although your application was not filed in a timely manner, the Board found it in the interest of 
justice to waive the statute of limitations and consider your case on its merits. A three-member 
panel of the Board for Correction of Naval Records, sitting in executive session, considered your 
application on 28 February 2019. The names and votes of the members of the panel will be 
furnished upon request. 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, relevant portions of your naval record and applicable 
statutes, regulations and policies. 

A review of your record shows that you entered active duty with the Navy in August 1970. You 
reported as part of your initial physical that you underwent a skin graft to your right leg in 1960; 
a condition that was also mentioned as part of your enlistment medical interview. On 6 October 
1960, you were diagnosed with a chronic skin infection to your right anterior tibia and referred to 
a medical board. On 16 October 1970, the medical board diagnosed your chronic infection as a 
secondary breakdown of your right anterior tibial skin graft, a condition that existed prior to 
entry. Based on the condition, you were determined not to meet physical standards and 
recommended for administrative separation for erroneous entry. On 20 October 1970, Chief of 
Navy Personnel directed your discharge for erroneous entry and you were discharged with an 
Honorable characterization of service. 

The Board carefully considered your arguments that your condition was the result of being 
kicked in the leg by your company commander and did not exist prior to entry. Therefore, you 
assert that your erroneous entry narrative reason for separation should be changed. 
Unfortunately, the Board disagreed with your rationale for relief. After a review of the medical 
board report in your case, the Board concluded sufficient evidence exists to support your 
erroneous entry separation from the Navy. Specifically, the Board noted that your preservice 
skin graft to your right leg was twice reflected in your record at the time you commenced active 
duty and your chronic infection was later determined to be a breakdown of the skin graft. This 
evidence convinced the Board you likely did not meet accession standards when you enlisted due 
to your skin graft and the Navy erroneously enlisted you despite their knowledge your condition. 
The Board found the medical board report in your case more probative than your assertion that 
you were kicked by your company commander since there was other medical evidence that 
corroborated the existence of your skin graft prior to your entry into the Navy. Accordingly, the 
Board found insufficient evidence of error or injustice to warrant a change to your record. 

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 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, 

3/4/2019 


Executive Director 
Signed by: