Dear 

This is in reference to your application for correction of your naval record pursuant to the 
provisions of 10 USC 1552. After careful and conscientious consideration of the entire record, 
the 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. In addition, the Board considered the advisory opinion contained in and you response to the opinion. 

A review of your record shows that you entered active duty with the Marine 
You were referred by a medical board to the Physical Evaluation Board (PEB) on 
for chronic post-traumatic knee pain due to a history of left knee pain that included an anterior 
cruciate ligament reconstruction. However, on the PEB found you fit for active duty based on the medical board report that showed you were not suffering any distress from your knee and a non-medical assessment that documented you were working well in your Military Occupational Specialty (MOS). As a result, you were discharged at your end of obligated active service on 

The Board carefully considered your arguments that deserve to be placed on the disability 
retirement list due to you knee condition. You assert that your inability to run the Physical 
Fitness Test (PFT) made you unfit for continued naval service. Unfortunately, the Board disagreed with your rationale for relief. In making their findings, the Board substantially agreed with the advisory opinion contained in 

Specifically, the Board found insufficient evidence you were unable to perform the duties of 
your office, grade, rank or rating at the time of your release from active duty. The found that 
your performance leading up to your discharge was exemplary as evidenced by your fitness 
report ending on the date of your discharge. Your performance in your MOS placed you in the 
upper tier of highly qualified Marines and above at least eight other Marines in your peer group. 
This was strong evidence you were able to perform the duties as an administrative clerk despite 
the existence of your knee condition. Further, the Board considered the fact you were unable to 
complete the but felt this was insufficient evidence to overcome the presumption of fitness when considered in light of your exemplary performance in your MOS. As explained in the advisory opinion, inability to perform fitness testing, by itself, cannot form the basis for a finding of unfitness according to the disability regulations. In your case, the Board determined your inability to pass the PFT was the only evidence that supported a finding that you were unfit due to your knee condition; all other evidence showed you were a superb Marine that outperformed other Marines in your peer group. Therefore, by regulation, they determined they lacked evidence for a finding of unfitness. Accordingly, the Board concluded insufficient evidence of error or injustice exists to warrant a change to your record. 

It is regretted that the circumstances of your case are such that favorable action cannot be taken 
at this time. You are entitled to have the Board reconsider its decision upon the submission of 
new and material evidence. New evidence is evidence not previously 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.