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 16 January 2020.  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 2002.  On 29 August 2002, you reported to medical with right leg pain and were eventually diagnosed with patellofemoral pain syndrome.  During your course of treatment, you revealed a preservice injury to your right knee that was identified as a potential patellar dislocation.  Based on your prior knee injury, you were diagnosed with right knee pain that existed prior to entry and recommended for an entry level separation.  On 4 November 2002, you were notified of administrative separation processing and you acknowledged your rights.  You were approved for discharge due to erroneous entry on 7 November 2002 and discharged the next day with an uncharacterized entry level separation.  In 2017, the Department of Veterans Affairs (VA) denied a service connection for your right leg injury. 
 
The Board carefully considered your arguments that you deserve to have your narrative reason for separation changed to disability.  You assert that you entered the Marine Corps without injury and suffered a knee injury that led to your discharge.  Unfortunately, the Board disagreed with your rationale for relief.  The Board concluded the preponderance of the evidence supports the finding that you entered the Marine Corps with a preexisting knee injury based on your documented skateboarding injury to your right knee two years prior to the commencement of active duty.  While the Board determined you likely did not fraudulently enter the Marine Corps by intentionally failing to disclose your right knee injury on your pre-enlistment report of medical history, they determined that you, more likely than not, did not meet physical induction standards due to your prior knee injury and would have been denied enlistment had the injury been disclosed.  They relied on the fact you developed chronic knee pain in the same knee within two months of commencing active duty to make this finding.  The Board also relied on the VA determination that your right knee condition was not service connected due to the fact it preexisted your entry into the Marine Corps.  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.