Dear ,  
 
This letter is in reference to your reconsideration request.  You previously petitioned the Board for Correction of Naval Records (Board) and were advised that your application had been denied.  Your case was reconsidered in accordance with Board procedures that conform to Lipsman v. Sec’y of the Army, 335 F. Supp. 2d 48 (D.D.C. 2004).  After careful and conscientious consideration of relevant portions of your naval record and your application, the Board found the evidence submitted was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied.      
 
A three-member panel of the Board, sitting in executive session, considered your application on 17 December 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.  
 
The Board carefully considered your arguments that you deserve a change to your narrative reason for separation to disability based on your post-discharge autoimmune disease diagnosis.  You assert that you did not enter the Navy with your condition.  Unfortunately, the Board disagreed with your rationale for relief.  In reviewing your record, the Board noted that you were discharged for chronic knee pain vice an autoimmune disorder.  So while you provided evidence of a post-discharge diagnosis of a possible autoimmune disorder, the Board concluded your erroneous enlistment for your chronic knee pain remains appropriate.  The Board determined there was insufficient evidence to support a finding that your autoimmune disorder was incurred while on active duty or that it prevented you from performing the duties of your office, grade, rank or rating.  As pointed out earlier, the Navy concluded you were medically unable to perform your duties as a result of your chronic knee pain vice an autoimmune disorder.  The Board took into consideration that you were treated for bilateral hand pain but not referred to a medical board by your providers.  In the Board’s opinion, this was evidence that your providers did not feel your hand pain symptoms created a sufficient occupational impairment to merit a referral to the Disability Evaluation System.  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 reconsideration petition 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 the absence of new matters for reconsideration, the decision of the Board is final, and your only recourse would be to seek relief, at no cost to the Board, from a court of appropriate jurisdiction. 
 
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,