Docket No. 2068-20 
Ref: Signature Date 


This is in reference to your application of 20 January 2020 for correction of your naval record pursuant to Title 10, United States Code, Section 1552.  After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found that 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, sitting in executive session, considered your application on 23 April 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 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 Marine Corps on 20 July 1987 after disclosing a medical history of a right knee fracture.  On 3 August 1987, you reported to medical complaining of right knee pain and were diagnosed with chondromalacia patella and plica.  After continuing pain symptoms to your right knee, a medical board diagnosed you with Old tibial fracture of right knee, Chondromalacia Patella, Genu Valgus, and Genu Recurvatum; conditions that were determined to have preexisted your entry into the Marine Corps based on your medical history.  As a result of the medical board recommendation, you were discharged on 24 December 1987 for physical disability, existed prior to entry. On 1 December 2018, the Department of Veterans Affairs (VA) assigned you a disability rating of 10%. 

The Board carefully considered your arguments that you deserve a change to your discharge to reflect your disability condition was service aggravated.  You also claim that you suffered from a respiratory condition that made you unfit for continued naval service.  Unfortunately, the Board disagreed with your rationale for relief.  First, in order to find service aggravation for a disability condition that existed prior to a service member’s entry onto active duty, there must be a finding that the disability condition progressed beyond its natural progression while on active duty.  The Board reviewed your medical history and determined the preponderance of the evidence does not support such a finding.  Your medical board report details your preservice knee fracture which caused swelling and pain with prolonged walking or running.  The Board concluded your symptoms for your right knee were consistent with the preservice symptoms documented in your record.  Based on the medical documentation, the Board found insufficient evidence of a service aggravation for your unfitting disability conditions that existed prior to your entry into the Marine Corps.  Second, the Board found insufficient evidence to support a finding that you were also unfit for continued naval service as a result of a respiratory condition.  Your medical board determined that your inability to complete training was due to your knee condition and no other reason.  Absent evidence that your respiratory condition prevented you from performing the duties of your office, grade, rank or rating, the Board determined it did not support a finding of unfitness.  Third, the Board was not persuaded by your post-discharge VA rating because eligibility for compensation and pension disability ratings by the VA is tied to the establishment of service connection and is manifestation-based without a requirement that unfitness for military duty be demonstrated.  Additionally, since your rating was assigned many years after your discharge from the Marine Corps, the Board felt it had little probative value as to fitness for continued naval service at the time of your discharge.  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 the 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.