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 29 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 in December 1967.  After completing your training, you were eventually assigned to where you reported back pain in January 1969.  Just prior to your scheduled deployment to , you again reported back pain and were diagnosed with Spondylolisthesis in March 1970.  However, you were medically cleared and deployed to Naval Support Activity  in June 1970.  Shortly after, you were returned from after reporting back pain.  After being asymptomatic during your hospitalization, a medical board concluded your condition existed prior to your entry into the Navy and you did not meet induction standards.  You were discharged on 8 September 1970 pursuant to your medical board findings.  Post-discharge, you assert that the Department of Veterans Affairs (VA) assigned you a 20% disability rating for your back condition in 2010 and increased the rating to 40% in 2014.  You state that you have subsequently required back surgery in 2018.      
 
The Board carefully considered your arguments that you deserve a disability retirement based on your back condition.  You claim to have injured your back while slipping on ice during basic training and your condition did not preexist your entry into the Navy.  Unfortunately, the Board disagreed with your rationale for relief.  In reviewing your record, the Board found no evidence to support your claim that your back condition originated during basic training. The medical board report states that you were diagnosed with a defect in your back in January 1969, approximately one year after you entered the Navy and well after completion of basic training.  The Board found the medical board report credible and no evidence, other than your assertion, to question its findings.  Therefore, they concluded that the preponderance of the evidence supports the findings of the medical board and your narrative reason for separation.  Further, even if your back condition was incurred while on active duty, the Board concluded you were asymptomatic at the time of your discharge based on the medical board report.   As a result, you would not have qualified for a disability rating sufficient to be placed on the disability retirement list.  The fact you were assigned a 20% rating by the VA 40 years after your discharge was not persuasive evidence to the Board since it appears you would not have qualified for placement on the disability retirement list even in 2010.  The Board concluded that the subsequent deterioration of your back condition in the years that followed your discharge do not fall under the purview of the Department of Defense disability system and under the purview of the VA.  Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your record.   
 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issueS involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of 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.