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 3 October 2019.  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 February 1984.  On July 1984, you were seen for left knee pain by medical and reported injuring it during weightlifting.  You provided a medical history that documents you sustained a left knee injury while playing football in high school and underwent medial meniscus surgery in 1982.  A medical board diagnosed you with an ACL deficient left knee and determined your condition existed prior to your entry into the Navy.  You were discharged pursuant to the medical board findings on January 1985. 
 
The Board carefully considered your arguments that your medical board findings were erroneous based on your belief that you aggravated your left knee condition while on active duty based on your entrance physical, which qualified you for enlistment.  You also argue that the senior member of the medical board reached a decision in your case based on a personal opinion rather than a medical opinion and improperly exerted his influence over the other board members.  Unfortunately, the Board disagreed with your rationale for relief.  First, the Board found insufficient evidence to support a finding that the senior member of the medical board improperly influenced the decisions of the other board members.  You submitted no evidence to support your allegations and the Board relied on the presumption of regularity to find the medical board acted appropriately in performing their assigned duties while adjudicating your medical board findings.  Second, the Board concluded it also lacked evidence to support a finding that your knee condition was aggravated by your brief period of active duty service.  The Board had no evidence that documented that your knee condition worsened beyond the natural progression of the disability at the time of your discharge.  Your medical history shows that you suffered a serious knee injury prior to entering the Navy that required surgery to correct.  Despite feeling no symptoms upon enlisting in the Navy, you appeared to have aggravated the injury while lifting weights that resulted in pain and swelling.  In the Board’s opinion, the pain and swelling could reasonably considered a natural progression of your previous left knee injury.  Without additional medical evidence to contradict the findings of the medical board, the Board concluded the preponderance of the evidence supports the medical board finding that your knee condition was not service aggravated and existed prior to your entry into the Navy.  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.