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

Docket No. 3055-21  
Ref: Signature Date  
 
Dear , 

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. 

A three-member panel of the Board, sitting in executive session, considered your application on 10 June 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. 

A review of your record shows that you entered active duty with the Navy in September 1993. While in basic training, you are treated for bilateral knee pain that prevents you from completing your physical training. On 2 December 1993, you are diagnosed with Patellofemoral Pain Syndrome and recommended for administrative separation for a preexisting physical condition. As a result, you were discharged on 16 December 1993 for entry level performance and conduct with an uncharacterized entry level separation. On 17 March 1995, the Department of Veterans Affairs (VA) found no objective finding of pain in either knee and denied your request for compensation. This Board previously denied your request to change your narrative reason for separation to disability on 27 February 2020. 

The Board carefully considered your arguments for a change to your narrative reason for separation to disability. You assert that you suffered from bilateral knee pain during basic training and were discharged for performance and conduct. Additionally, you point out that you were recently awarded a 100% disability rating by the VA. Unfortunately, the Board disagreed with your rationale for relief. 

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. In reviewing your case, the Board determined the preponderance of the evidence does not support a finding that you were unfit for continued naval service at the time of your discharge from the Navy. Specifically, the Board relied on the 17 March 1995 VA finding of no pain in either knee to conclude that your bilateral knee condition was temporary in nature during basic training. Since your condition was temporary and only prevented you from completing your training, the Board concluded you were appropriately discharged for entry-level conduct and performance vice a disability. The fact you were rated by the VA for your bilateral knee condition approximately 25 years after your discharge did not persuade the Board that you were unfit at the time of your discharge. The Board determined that the medical findings from the VA issued in March 1995 was better medical evidence since it documented your bilateral knee condition closer in time to your discharge date. Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your 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, 
6/11/2021 

2