DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 9324-18 Ref: Signature Date Dear This is in reference to your application for correction of your naval record pursuant to the provisions of 10 USC 1552. 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. 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 7 February 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 May 2007 and deployed to Iraq in September 2008 until your return in April 2009. In April 2010, you were examined for headaches that resulted from being punched in the left side of your head. Magnetic Resonance Imaging and an Electroencephalogram results were unremarkable. On 22 February 2012, you were medically cleared for separation and issued a performance evaluation on 20 May 2012 in which you earned a 3.0 trait average and a “promotable” recommendation. However, as you approached your end of obligated active service date, you were involved in an automobile accident when you lost control of your vehicle. This resulted in an injury to your sternum that was diagnosed as a mildly displaced sternum fracture. Radiological imaging and a Computerized Tomography scan revealed no additional injuries and you were released from treatment and later recommended for physical therapy during a follow-up visit. On 20 May 2012, you were released from active duty at the completion of your required active service and issued a RE-R1 reentry code. In 2013, you were diagnosed with mild Traumatic Brain Injury (TBI) by the Department of Veterans Affairs after reporting Post-Traumatic Stress Disorder symptoms. Later in 2013, you underwent a sternal repair procedure that was determined to be healed in January 2014. The Board carefully considered your arguments that you deserve to have your narrative reason for separation changed to disability or be placed on the disability retirement list. You assert that you were unfit for continued naval service at the time of your discharge from the Navy. Unfortunately, the Board disagreed with your rationale for relief. First, the Board considered whether the Navy acted erroneously in releasing you from active duty after your accident on 28 April 2012. Based on the medical evidence at the time, the Board concluded the Navy acted properly since your sternum injury was determined to be relatively minor that could be treated with physical therapy. In examining the physical therapy reports, the Board noted that your last session was on 9 August 2012 where you reported a pain index of 1 out of 10 for all your treated regions. This evidence convinced the Board that your injuries were not permanent in nature or serious enough to create a sufficient occupational impairment to prevent you from performing the duties of your office, grade, rank or rating. While the Board noted that you later underwent a surgical procedure in 2013 to repair a nonunion of your sternum, the Board also noted you were reported as recovered in January 2014. This evidence was persuasive to the Board since it supported their belief that your sternum injury was not permanent in nature to warrant a referral to the disability evaluation system. Regarding your claim for TBI, the Board found insufficient evidence that TBI was an unfitting condition at the time of your discharge from the Navy. While there is record of your treatment while on active duty and you were later diagnosed by the VA in 2013 with mild TBI, the Board relied on the 22 February 2012 separation physical that did not identify any TBI related symptoms and medically cleared you for separation. The fact the Navy issued you a preferred reenlistment code was further evidence to the Board that you were not sufficiently symptomatic for TBI in 2012 to warrant a referral to the disability evaluation system. Accordingly, the Board determined insufficient evidence of error or injustice exists in your case to change your record. It is regretted that the circumstances of your case are such that favorable action cannot be taken at this time. You are entitled to have the Board reconsider its decision upon the submission of new and material evidence. New evidence is evidence not previously 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, 2/11/2019 Executive Director