DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 5802-19 Ref: Signature Date 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 31 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 August 2010. On 19 December 2014, a medical board diagnosed you with chondromalacia patella, chondromalacia medial femoral condyle, and chronic left knee pain resulting in your referral to the Physical Evaluation Board (PEB). The PEB found you unfit for continued naval service due to chronic left knee pain on 26 January 2015. Based on a 30 January 2015 proposed Department of Veterans Affairs (VA) rating of 10% for your PEB referred left knee condition, the PEB assigned you a 10% rating on 9 February 2015. You accepted the PEB findings on 24 March 2015 and were discharged with severance pay on 6 August 2015 pursuant to the PEB findings. The Board carefully considered your arguments that you deserve an increase in your Department of Defense (DOD) assigned disability rating. Unfortunately, the Board disagreed with your rationale for relief. The Board concluded there was insufficient evidence that you were erroneously rated by the PEB or to support an increase in your assigned disability rating. In accordance with applicable disability regulations, the PEB assigned you your disability rating based on the VA’s proposed rating decision of 30 January 2015. Absent evidence the VA erroneously rated your unfitting condition at 10%, the Board felt it lacked evidence to support a change to your disability rating. It is worth noting that your DOD disability rating is assigned based on your disability condition at the time of your discharge. Worsening of your unfitting condition after your discharge falls under the purview of the VA. Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your record. Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issue(s) involved. Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of 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, 11/4/2019