DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 
Docket No. 6938-15 
HAY 2 O2016 
Dear 

This is in reference to your application for correction of your naval record pursuant to the provisions of 10 USC 1552. 
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 for Correction of Naval Records, sitting in executive session, considered your application on 8 April 2016. Your allegations ·of error and injustice were reviewed in accordance wi th admi nistrative regulations and procedures applica.ble to the proceedings of this Board. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record and applicable statutes, regulations and policies. 

A review of your record shows that you entered active duty with the Navy in June 1957 and were discharged on 8 December 1960 at the end of your obligated active service. At: the time of your discharge, you were recommended for reenlistment. 
The Board carefully considered your arguments that you deserve a disability retirement due to a patellectomy procedure that you underwent while on active duty. You contend that you should have been referred to the Physical Evaluation Board based on the Department of Veterans Affairs decision to issue you a 30% disability rating for your knee. Unfortunately, the Board disagreed with your rationale for relief. First, the Board was hamper ed by the lack of medical records or other evidence that showed you suffered from a disability while on active duty. Without evidence the Board was unable to substantiate that you incurred an injury while on active duty. Your performance record contains an entry that indicates you were hospitalized on 16 November 1959 but no other relevant entries were in your record. Second, the Board noted that you were el igible to reenlist at the time of your discharge. This supports the lack of any evidence in your record that shows you were unable to physically perform your duties due to a disabling physical condition. Based on these two factors, t he Board concluded that insufficient evidence exists to find that you were unfit for continued naval service due to a physical disability prior t o your discharge. · Accordingly; the Bo~rd was unable to find an error or injustice warranting a correction to your record and denied your application. The names and votes of t he members of the panel will be furnished upon request. 

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 evidence within one year from the date of the Board's decision. New evidence is evidence not previously considered by the Board prior to making its decision in this case. 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 ~s on the applicant to demonstrate the existence of probable material error or injustice. 
Sincerely, 

Executive Director