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

Docket No. 9595-19
Ref: Signature Date 

Dear

This is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552.  After careful and conscientious consideration of the entire record, the Board for Correction of Naval Records (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 16 January 2020.  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 t
  
A review of your record shows that you entered active duty with the Navy on 27 July 1993.  You were seen by medical on 7 August 1993 for left knee pain.  During your follow-up evaluations, you revealed a prior left knee injury two years prior to your enlistment in the Navy.  As a result, you were diagnosed with left knee pain/edema that existed prior to entry and recommended for entry level separation.  On 11 August 1993, you were notified of administrative separation processing for erroneous enlistment based on the medical recommendation.  You were discharged on 17 August 1993 for erroneous enlistment with an uncharacterized entry level separation.
 
The Board carefully considered your arguments that you deserve a disability discharge.  You assert that you informed the Navy of your prior knee condition and were asymptomatic for left knee pain at the time of your enlistment.  Unfortunately, the Board disagreed with your rationale for relief.  Despite your assertion that you informed the Navy of your preexisting left knee condition, the Board concluded you were properly discharged for erroneous enlistment since the Navy should not have enlisted you due to your disqualifying preexisting left knee condition that prevented you from meeting physical standards for induction.  First, the Board found no evidence you informed the Navy of your preexisting left knee injury.  In fact, your 29 December 1992 report of medical history failed to list any prior injuries to your knees.  This was strong objective evidence to the Board that you failed to inform the Navy of your prior knee injury.  Second, even if you had informed the Navy of your prior injury, the Board concluded you were not entitled to a disability discharge.  This finding was based on their determination that your condition preexisted your entry into the Navy and was not service aggravated, i.e. your disability condition had not progressed in severity beyond its normal progression.   In order to qualify for military disability benefits, a disability condition must be incurred or aggravated during a period of active duty.  The Board found the preponderance of the evidence did not support a finding that either condition was met in your case.  Finally, the Board did not find your assertion of a misdiagnosis persuasive.  You argued that a bone spur diagnosis was erroneous implying that the medical diagnosis of a left knee pain was also erroneous.  The Board noted that the 11 August 1993 medical report speculates that your left knee pain may be due to a small bone spur.  In the Board’s opinion, this speculation of the cause of the left knee pain did not diminish the accuracy of the diagnosis since the medical evidence shows you were suffering from left knee pain.  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.  You are entitled to have the Board reconsider its decision upon submission of new matters, which will require you to complete and submit a new DD Form 149.  New matters are those not previously presented to or 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,