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 12 December 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 June 1996.  On 13 March 2000, a medical board referred you to the Physical Evaluation Board (PEB) with diagnoses of possible small thalamic infarct, bilateral patellofemoral syndrome, migraines, and right hip pain.  The PEB found you unfit for continued naval service on 8 June 2000 for possible small thalamic infarct status post migraine and right knee patellofemoral pain syndrome with a combined 20% disability rating.  Your bilateral patellofemoral syndrome was determined to be a related diagnosis and your right hip pain not unfitting.  You accepted the PEB findings on 13 June 2000 resulting your discharge with severance pay on 26 July 2000.   
 
The Board carefully considered your arguments that you deserve to be placed on the disability retirement list.  You assert that your unfitting conditions have worsened since your discharge.  Unfortunately, the Board disagreed with your rationale for relief.  The Board concluded that there was insufficient evidence to support a finding that the PEB assigned you an erroneous disability rating.  While the Board empathizes with your assertion that your disability conditions have worsened since your discharge in 2000, they determined that any compensation for the worsening of your unfitting conditions falls under the purview of the Department of Veterans 
Affairs (VA).  The PEB is responsible for assigning you a disability rating for unfitting conditions up to the time of your discharge.  The Board found that the PEB’s findings in your case were supported by the preponderance of the evidence including your acceptance of the PEB findings prior to your discharge.  Absent evidence that shows the PEB erroneously assigned you 10% ratings for both of your unfitting conditions, the Board determined insufficient evidence of error or injustice exists 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,