DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 7178-18 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. 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 you ruptured your left knee anterior cruciate and tore your left knee lateral meniscus after falling down stairs. You were eventually referred to the Physical Evaluation Board (PEB) by a medical board on and found unfit by the PEB for your left knee conditions. The PEB rated your conditions at 20% and you were recommended for discharge with severance pay. After accepting the PEB findings, you were discharged on pursuant to the PEB findings. The Board carefully considered your arguments that you deserve to be placed on the disability retirement list based on the PEB decision to find you unfit for continued naval service. Unfortunately, the Board disagreed with your rationale for relief. In order to qualify for placement on the disability retirement list, a service member must receive a combined disability rating of 30% from the PEB. In your case, the PEB rated your unfitting conditions at 20% requiring your discharged from the Navy with severance pay. The Board noted that you did not submit any medical evidence to support your contention that you deserved a disability rating greater than 20%. Absent evidence that the PEB erroneously assigned you a disability rating for your unfitting conditions, the Board applied the presumption of regularity 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 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.