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 9 September 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 Marine Corps in February 1981.  You were referred to the Physical Evaluation Board (PEB) by a medical board on 20 February 1987 after being diagnosed with left knee chronic chondromalacia patella disorder, left knee chronic degenerative arthritis, and left knee chronic retropatellar pain syndrome.  On 21 May 1987, the PEB found you unfit for continued naval service due to all three referred conditions and assigned you a disability rating of 10%.  You were discharged pursuant to the PEB findings on 7 July 1987 after accepting the findings of the PEB.  
 
The Board carefully considered your arguments that you deserve to be placed on the disability retirement list.  You assert that you were discharged as a result of a reduction in force that caused you to be released from active duty without a proper review of all your unfitting conditions that continued to exist today.  Unfortunately, the Board disagreed with your rationale for relief.  The Board found no evidence to support your assertion that you were discharged as a result of a reduction in force.  Medical documentation shows you were referred to a medical board and the PEB as a result of your left knee condition that was ultimately determined to be unfitting.  Based on the PEB findings, you were discharged for your unfitting disability condition rather than a reduction in force.  Further, the Board found no evidence you suffered from additional disability conditions at the time of your discharge that created a sufficient occupational impairment to warrant a referral to the disability evaluation system or a finding of unfitness.  The Board was not convinced by your assertions and chose to rely on medical provider decisions not to refer additional disability conditions to a medical board in 1987.  The Board determined the preponderance of the evidence does not support a finding that you were unfit for continued naval service for any disability condition other than your left knee condition.  As a result, they 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.  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,