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 5 November 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 in May 1993.  You entrance physical documented that you underwent surgery for chrondromalacia but you were medically cleared for enlistment.  On 2 July 1993, you reported to medical complaining of knee pain.  As a result, a medical board diagnosed you with preexisting chondromalacia of both knees and symptomatic debridement.  Based on your preexisting disability conditions that prevented you from completing your basic training, you were recommended for discharged due to erroneous entry.  On 21 July 1993, you were discharged for erroneous entry with an uncharacterized entry-level separation.     
 
The Board carefully considered your arguments that you deserve a disability discharge and Honorable characterization of service.  You assert multiple incidents of physical abuse and physical training led to your knee condition, Post-Traumatic Stress Disorder, Pseudobulbar Affect, and Tinnitus.  Unfortunately, the Board disagreed with your rationale for relief. 
 
In reviewing your record, the Board found no evidence that you suffered from any disability conditions other than chrondromalacia of your knees and symptomatic debridement.  Therefore, they concluded the preponderance of the evidence supports a finding that you only suffered from your knee conditions while on active duty.  Additionally, the Board found medical evidence that you entered the Marine Corps with a history of knee issues that previously required surgery.  In their opinion, this supports the medical board finding that your chrondromalacia condition preexisted your entry into the Marine Corps and should have disqualified you from enlistment.  Based on this finding, the Board concluded you were appropriately discharged for erroneous entry and assigned an uncharacterized entry-level separation due to your active duty service that totaled less than 180 days.  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.   
 
            Sincerely,