DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket NO:7952-20 This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code. 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 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 September 2021. 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. In addition, the Board considered the advisory opinion contained in Director CORB letter 5220 CORB: 002 of 21 July 2021; a copy of which was previously provided to you for comment. A review of your record shows that you entered active duty with the Marine Corps in August 2003. You underwent left knee arthroscopic surgery on 19 August 2010. Physical therapy notes document that you continued to experience some pain after your surgery but your knee condition steadily improved as you commenced workouts. On 4 January 2011, you reported some knee pain with swelling but denied locking and instability. As a result, you were discharged at the completion of your required active service on 2 February 2011. On 30 November 2012, you received treatment for left knee pain after injuring your knee while coaching basketball the previous month. Imagining reports document that you suffered from a mild Anterior Cruciate Ligament (ACL) deficiency in your left knee. On 7 March 2013, you again stated to your medical provider that you injured your left knee while coaching basketball in 2012. The Board carefully considered your arguments you deserve to be placed on the disability retirement list. You argue that you were unfit for continued naval service at the time of your discharge for medical conditions that worsened over the years. You further assert that you were not properly informed of the disability process for the military prior to your discharge. Unfortunately, the Board disagreed with your rationale for relief. In making their findings, the Board substantially concurred with the advisory opinion in your case. In order to qualify for military disability benefits through the Disability Evaluation System with a finding of unfitness, a service member must be unable to perform the duties of their office, grade, rank, or rating as a result of a qualifying disability condition. Alternatively, a member may be found unfit if their disability represents a decided medical risk to the health or the member or to the welfare or safety of other members; or the member’s disability imposes unreasonable requirements on the military to maintain or protect the member. After reviewing the evidence in your case, the Board concluded the preponderance of the evidence does not support a finding that you met any of the criteria for unfitness at the time of your discharge. Specifically, the Board considered your 4 January 2011 medical report that noted, despite continued pain, you suffered from no locking or instability of your knee. Notes from the visit also documented that you were “doing good.” When taking into consideration that you did not report any additional knee pain until approximately November 2012 and that you were physically well enough to perform basketball related “sharp cuts” at that time, the Board concluded the preponderance of the evidence did not support a finding that your knee condition or any other disability conditions prevented you from performing the duties of your office, grade, rank or rating at the time of your discharge in February 2011. The Board agreed with the advisory opinion statement that there was “no clear indication of resulting significant sustained impairment of duty related functioning due to any cause or condition while serving on active duty.” While the Board empathizes with your current medical condition, they felt compensation and treatment for your disability conditions fall outside the scope 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. The Board determined that your personal appearance, with or without counsel, would 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. 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, 9/28/2021 Deputy Director