DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No. 926-20 
Ref: Signature Date 

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 the entire record, 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 19 March 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 1981.  On 22 July 1982, a medical board diagnosed you with a preexisting left-knee Osteochondritis Dissecans condition and recommended that you be discharged.  You were discharged with a disability existing prior to entry on 4 August 1982.  You assert that, after your discharge, you underwent three left knee surgeries. 
 
The Board carefully considered your arguments that your medical board report should be changed to reflect your left-knee condition did not exist prior to entry.  You argue that there is no evidence you suffered from a history of knee problems prior to entering the Navy.  Unfortunately, the Board disagreed with your rationale for relief.  The Board reviewed your medical board report, which indicates that you were diagnosed with Osteochondritis Dissecans based on x-ray evidence that documented a preexisting condition.  Based on the medical evidence, the Board concluded that the preponderance of the evidence supports the medical board findings in your case and your narrative reason for separation.  The fact that you required surgeries years after your discharge from the Navy did not persuade the Board that you did not possess a left-knee condition upon your entry into the Navy. 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,