DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 9878-19 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 23 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 on 17 April 2017. You suffered a right knee patella injury during training and assigned to physical therapy treatment. On 22 May 2017, the Commanding Officer, Naval Hospital recommended you be separated for condition not a disability with an entry level separation. After you were medically cleared for discharge on 16 June 2017, you were discharged from the Marine Corps on 21 June 2017 for condition not a disability with an uncharacterized entry level separation. Post-discharge, you underwent surgery on your right knee and were assigned a disability rating by the Department of Veterans Affairs (VA) for your right knee condition and depressive disorder. The Board carefully considered your arguments that you deserve to be placed on the disability retirement list or have your narrative reason for separation changed to disability. Additionally, you assert that you deserve an Honorable characterization of service. Unfortunately, the Board disagreed with your rationale for relief. First, in order to qualify for military disability benefits, a service member must be unfit for continued naval service. Unfitness is defined as the inability to perform the duties of your office, grade, rank or rating due to a qualifying disability condition. In your case, the Board determined the preponderance of the evidence does not support a finding of unfitness for continued naval service. The Board examined your medical examinations leading up to your discharge from the Marine Corps and found that you were likely fit for active duty. On 2 June 2017, you reported during your orthopedic examination that your knee was stable with no complaints. You reported no pain on 12 June 2017 during a physical therapy session. Further, the 15 June 2017 medical examination documents you reported no pain and performed a full range of motion with your right knee. Additionally, it reported that you ran for three minutes at 6 miles per hour with no difficulty. At that time, you were released without limitations and cleared for full duty. Finally, on 16 June 2017, you were medically cleared for discharge after the medical provider noted that your condition prevents you from completing recruit training but is “not a disability.” This medical evidence, when considered in totality, convinced the Board that you recovered from your patella injury at the time of your discharge and would have been able to perform the duties of your office, grade, rank or rating. Second, the fact you may have reinjured your patella after your discharge and required surgery did not convince them you were unfit at the time of your discharge. As noted in your 4 October 2017 medical examination, you were informed that your shallow right knee trochlea placed you at increased risk of another patella dislocation. Therefore, the Board concluded your need for surgery after your discharge was more likely than not an aggravation of your previous injury rather than evidence that you were unfit at the time of your discharge from the Marine Corps. Especially when considered in conjunction of the medical evidence that showed, just prior to your discharge, you were pain free and able to run three minutes at a relatively high rate of speed without difficulty. While the Board empathizes with your current medical conditions, they felt compensation and treatment for your disability conditions fall outside the scope of the Department of Defense disability system and under the purview of the VA. Third, the Board concluded that your uncharacterized entry level separation remains appropriate. MCO 1900.16 directs service members discharged in their first 180 days of continuous active service be assigned uncharacterized entry level separations unless specific circumstances exist to merit an exception to policy decision by the Secretary of the Navy. In your case, the Board found no unusual conduct or performance circumstances that would support the assignment of a characterization of service. Therefore, the Board determined your uncharacterized entry level separation was correctly assigned. 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. Sincerely, 1/27/2020