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

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 19 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 June 1972.  On June 1977, you were diagnosed with bilateral chondromalacia patella and referred to the Physical Evaluation Board (PEB) based on your request.  The PEB found you unfit for continued naval service due to your bilateral knee condition and assigned you a rating of 20%.  You were discharged on August 1977 with severance pay pursuant to the PEB findings. 

The Board carefully considered your arguments that you were erroneously diagnosed with spina bifida by the Marine Corps while on active duty.  You assert that you were misdiagnosed and actually suffer from a damaged disc. In reviewing your record, the Board found no evidence of a spina bifida diagnosis.  Absent evidence you were erroneously diagnosed with spina bifida or that you suffered from a damaged disc while on active duty, the Board found no basis to insert a diagnosis of a damaged disc in your record.  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.   

Sincerely,