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 for Correction of Naval Records, sitting in executive session, considered your 
application on. 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. In , you suffered multiple lacerations to your back, right flank, and abdomen due to a stabbing. After recovering from your wounds, you completed your active duty obligation on and were transferred to the in an. You reentered active duty with the but immediately commenced complaining of symptoms related to your stabbing injuries. A medical board referred you to the 
Physical Evaluation Board (PEB) on for your multiple laceration wounds and Myofascial Pain Syndrome but concluded your lacerations existed prior to your reentry to the Navy. On , the PEB found you unfit for continued naval service due to your lacerations but agreed with the medical board determination your condition existed prior to your 
reentry on active duty. Your Myofascial Pain Syndrome was determined to be a contributing condition. After initially requesting a formal hearing, you accepted the PEB findings on and were discharged on pursuant to the PEB findings. Post-discharge, the Department of Veterans Affairs has rated you a combined 

The Board carefully considered your arguments that you deserve to be placed on the disability 
retirement list. You assert that the worsening of your injuries led to your discharge should 
have qualified you for disability benefits. Unfortunately, the Board disagreed with your rationale 
for relief. In order to qualify for military disability benefits, a service member must incurred the 
disease or injury while entitled to receive basic pay. While the Board found ample evidence to 
support a finding your original lacerations were incurred while on active duty, they found 
evidence that you recovered from your injuries sufficiently to be release from active duty. Upon 
your reentry on active duty, after a two-year break in service, you immediately started 
complaining of symptoms related to your injury. The Board considered the proximity of 
the occurrence of your symptoms to your active duty start date to conclude your disability 
condition, more likely than not, was aggravated between.

In essence, they concurred with the findings of the PEB that your unfitting condition preexisted 
your entry into active duty in 5. So, absent evidence that refutes the findings of the PEB, the 
Board felt the preponderance of the evidence does not support overturning the PEB findings in 
your case. 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.