Dear 

This letter is in reference to your reconsideration request dated 3 May 2019. You previously 
petitioned the Board for Correction of Naval Records (Board) and were advised that your application had been disapproved. Your case was reconsidered in accordance with Board procedures that conform to Lipsman v. Sec’y of the Army, 335 F. Supp. 2d 48 (D.D.C. 2004). After careful and conscientious consideration of the entire record, the Board found the evidence submitted was insufficient to establish the existence of probable material error or injustice. Consequently, your application has been denied. 

A three-member panel of the Board for Correction of Naval Records, sitting in executive session, 
considered your application on 12 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. 

The Board carefully considered your arguments that your narrative reason for separation should be changed to disability. You assert that you injured both your knees during basic training and provided evidence that the Department of Veterans Affairs (VA) granted you a service connection for your right knee. Unfortunately, the Board disagreed with your rationale for relief. The Board determined that your bilateral knee condition was a preexisting disability that you failed to disclose during your entrance physical into the Navy. The medical board report of 26 October 1971 details your preservice knee injuries resulting from playing football three years prior to entering the Navy with occasional pain leading up to your enlistment. The Board concluded this medical evidence supports the Navy’s decision to administratively separate you for erroneous enlistment since you did not meet physical standards for enlistment at the time of your entry and would not have been allowed to enlist had you disclosed your history of knee problems. The fact the VA determined your right knee was aggravated by your brief service did not convince the Board that your condition did not preexist your entry into the Navy or was 
aggravated by your active duty service. The Board had no evidence that documented your knee condition worsened beyond the natural progression of the disability at the time of your discharge. So the VA’s decision to grant you a service connection approximately 45 years after your discharge did not persuade the Board that the Navy’s actions in your case were erroneous or unjust. The Board found the preponderance of the evidence supported the findings of the medical board. 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 reconsideration petition are such that favorable action cannot be taken. You are entitled to have the Board reconsider its decision upon the 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 the absence of new matters for reconsideration, the decision of the Board is final, and your only recourse would be to seek relief, at no cost to the Board, from a court of appropriate jurisdiction. 

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.