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 Navy in February 1971.  On 15 October 1973, you were found unfit for continued naval service due to a knee condition that was rated at 20% by the Physical Evaluation Board (PEB).  Based on the PEB findings, you were discharged on 28 November 1973 due to your disability with severance pay. 
 
The Board carefully considered your arguments that you deserve to be placed on the disability retirement list.  You assert that you developed a number of disability conditions since your discharge.  Unfortunately, the Board disagreed with your rationale for relief.  The Board found insufficient evidence that any of your claimed conditions were unfitting at the time of your discharge from the Navy.  The fact you may have developed a number of service connected disability conditions in the 45 years since your discharge from the Navy in 1973 did not persuade the Board an injustice exists in your record because of the availability of Department of Veterans Affairs programs designed to treat and compensate you for such conditions.  Absent evidence you were unable to perform the duties of your office, grade, rank or rating in 1973 for disability conditions other than your knee condition, the Board determined it lacked the evidence to grant the relief you seek.  Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your record. 
 
Regarding your request to administratively change your DD Form 214 to include various awards, the Board concluded you have failed to exhaust your administrative remedies.  Board regulations require Petitioners to exhaust all available administrative remedies prior to applying to the Board.  You must first submit your request to Navy Personnel Command (PERS 3), 5720 Integrity Drive, Millington, TN 38055-3120 to request they make the administrative change you request.  If the Navy determines no change to your record is required, you may submit an application for correction to this Board with the Navy’s response and evidence that supports your assertion that an error or injustice exists in 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.