DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 597-18 AUG 05 2018 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 ofthe entire record, the Board found the evidence submitted was insufficient to establish the existence ofprobable 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 oflimitations and consider your case on its merits. A three-member panel ofthe Board for Correction ofNaval Records, sitting in executive session, considered your application on 7 June 2018. The names and votes ofthe 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 ofthis Board. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, relevant portions ofyour naval record and applicable statutes, regulations and policies. A review of your record shows that you entered active duty with the Marine Corps on 15 October 1964. During your briefperiod of active duty, you were. treated for a number of conditions including stress fractures to your heels, meningococcemia, and osteochondritis dissecans left femoral condyle. The left knee osteochondritis dissecans diagnosis occurred after you reported a training injury on 9 January 1965. While you left knee injury was initially diagnosed as internal derangement that was incurred in the line of duty, on 10 February 1965 a medical board determined your condition preexisted your entry into the Marine Corps and concluded it was not aggravated by your service. As a result, they recommended your administrative separation from the Marine Corps with no disability benefits. You were discharged on 26 February 1965 after you waived your right to a Physical Evaluation Board review. The Board carefully considered your arguments that your knee injury was incurred in the line of duty. You assert that your military medical documentation contains numerous errors that substantiate a finding that the medical board fabricated evidence to support a finding that your condition preexisted your entry into the Marine Corps. In addition, you allege that you were coerced into agreeing with the finding. Unfortunately, the Board disagreed with your rationale for relief. First, the Board noted that there were minor administrative errors in your record but did not find any substantive errors to support your contention that the medical board findings were erroneous. The Board found that it was not unusual to have medical opinions issued prior to a medical board hearing to differ on the issue of line of duty since additional evidence may be presented at the Board that was not previously available. In your case, the medical board was presented with evidence at the hearing that you suffered a knee injury four years prior to entering the Marine Corps that resulted in chronic pain whenever you exercised. This information was not mentioned in previous medical reports leading the Board to conclude that it was not available to previous providers. Based on this finding, the Board determined the discrepancy in line of duty findings was not remarkable and did not support a finding of error by the medical board. Second, the Board concluded that there was no evidence to support a finding that the medical board fabricated or misinterpreted evidence provided by you regarding the existence of a previous knee injury. In addition to the lack of evidence to support your contention that you did not inform the medical board ofa preexisting injury, the Board noted that you were provided an opportunity to present evidence to the Board and to contest the Board decision through the Physical Evaluation Board (PEB). While the Board did not decide on whether you actually suffered an injury to your left knee prior to entering the Marine Corps, they could not find evidence to support a finding that you did not inform the medical board that one existed. So based on the lack ofevidence, the Board concluded that the medical board properly determined, based on your statement, that your knee condition existed prior to entry and that it was not aggravated by your military service. The latter finding is based on the statements relied upon by the medical board that exercise would cause pain in your knee. This was strong evidence that your knee pain was consistent with symptoms previous experienced prior to entering the Marine Corps. The Board found no evidence that there was a permanent worsening ofyour preservice knee condition over and above the natural progression ofthe condition caused by trauma or the nature ofmilitary service. Third, the Board also found no evidence to support your assertion that you were coerced into waiving your due process rights to a PEB review. While the Board was sympathetic to your perception that you were required to sign the medical board acknowledge and waiver, the Board found no actual evidence ofcoercion. Based on all these findings, the Board concluded you were properly discharged from the Marine Corps without disability benefits and no iajustice exists in your case. 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 ofregularity attaches to all official records. Consequently, when applying for a correction ofan official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice. Sincerely, Executive Director