DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No. 11591-19 
Ref: Signature Date 

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 27 February 2020.  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 March 2008.  On 20 October 2008, you were diagnosed with Left Patellar Instability and Degenerative Joint Disease in the Patellofemoral Joint by a medical board.  The condition was determined to exist prior to your entry based on a patellar realignment procedure you underwent in 2006 due to recurrent left patellar dislocations.  On 11 February 2009, the Physical Evaluation Board (PEB) found you unfit for continued naval service due to Left Patellar Instability, Status Post Realignment Procedure and your Degenerative Joint Disease a related diagnosis.  Your conditions were determined to exist prior to entry resulting in your discharge from the Navy on 17 March 2009 without benefits.  On 22 October 2017, the Department of Veterans Affairs (VA) assigned you a 10% disability rating for left knee osteoarthritis, status post-surgical repair. 
 
The Board carefully considered your arguments that you deserve to have your narrative reason 
for separation changed to disability based on the VA’s determination that your left knee 
condition was service connected.  Unfortunately, the Board disagreed with your rationale for relief.  Despite the VA’s decision to grant you a service connection for your left knee condition, the Board concluded the preponderance of the evidence does not support a finding that your unfitting left knee condition did not exist prior to your entry into the Navy or was aggravated by your active duty service.  The Board relied on medical evidence you underwent a surgical procedure in 2006 to correct recurrent dislocations in your left patellar.  In addition, the Board determined insufficient evidence exists to support a finding that your left knee condition progressed beyond its natural progression at the time of your discharge from the Navy.  In their opinion, your left knee instability was a natural progression of your preexisting left patellar dislocation condition that required surgical correction to stabilized.  Absent evidence that shows your instability was not a natural progression of your preexisting condition, the Board determined the PEB findings supported by the preponderance of the evidence.  The Board noted the VA rating decision is not binding on the Board and does not adequately explain how your condition did not preexist your entry into the Navy or, if determined to be aggravated by your service, how it progressed beyond its natural progression.  Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your record.  

Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issue(s) involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of 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.  

Sincerely,