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 relevant portions of your naval record and your application, 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, sitting in executive session, considered your application on 1 October 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 Navy on 14 June 2011.  You reported to medical on 21 June 2011 complaining of left knee grinding with no pain or instability symptoms.  As a result, you were diagnosed with Patellofemoral Syndrome and placed in rehabilitation.  On 4 August 2011, it was documented in your medical report that you had continued to suffer intermittent knee pain while assigned to a remedial unit but had not been motivated for rehabilitation or continued active service.  As a result, you were recommended for an entry level separation for condition not a disability.  You were notified of administrative separation processing on 9 August 2011 and discharged on 15 August 2011 for condition not a disability.  In 2018, the Department of Veterans Affairs (VA) assigned you a combined disability rating of 20%. 
 
The Board carefully considered your arguments that you deserve a disability discharge based on your VA rating and the fact you were injured while on active duty.  Additionally, you assert that you are unable to obtain full veterans benefits based on your reason for discharge.  Unfortunately, the Board disagreed with your rationale for relief.  In order to qualify for a disability discharge, a service member must be unfit for continued naval service due to a qualifying disability condition.  To constitute a physical disability, the medical impairment or physical defect must be of such a nature and degree of severity as to interfere with the member's ability to adequately perform his or her duties.  In the Board’s opinion, the preponderance of evidence does not support a finding that your knee impairment was of a nature and degree of severity to interfere with your ability to perform your duties.  The medical evidence shows you were capable of running despite your knee condition but unable to complete your initial training pipeline based on your unwillingness to properly rehabilitate your knee condition.  Further, the Board noted that you were discharged based on your lack of motivation for rehabilitation of your knee condition and not because your condition was so serious to prevent you from performing your duties.  Therefore, the Board concluded your narrative reason for separation remains correct. 
 
The Board also considered your injustice argument that you are prevented from obtaining full veterans benefits as a result of your narrative reason for separation.  The Board was not persuaded by your arguments of injustice based on their finding that your discharge from the Navy was proper.  Entitlements to non-Department of Defense veterans benefits is a matter that falls outside the scope of this Board’s review and a change to your record in order to qualify you for additional benefits was deemed inappropriate.  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,