Docket No: 1258-20 
Ref: Signature Date 
 
 
 
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.     
 
A three-member panel of the Board, sitting in executive session, considered your application on 31 March 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. 
 
On 5 June 2018, while participating in your annual training (AT) onboard the , you presented to medical with back pain.  Your medical record indicates that you reported having pain for six hours and feeling numbness in your right leg from the knee down that predated your current back injury.  Your AT concluded on 10 June 2018.  On 15 June 2018, your civilian medical provider at Central Indiana Orthopedics indicated that you were under medical care and could not return to work at the time.  On 13 August 2018, you had micro-laminectomy surgery that resolved your radiculopathy.  On 21 December 2108, the Naval Operational Support Center Indianapolis submitted a request on your behalf for line of duty (LOD) benefits for lumbar radiculopathy.  On 22 March 2019, the Commander, Navy Personnel Command (CNPC) notified you of the denial of LOD benefits for lumbar radiculopathy and noted that the symptoms of your injury began a month prior to the commencement of your AT as stated in the provided medical documentation.  On 16 April 2019, you appealed the CNPC’s denial to the Office of the Judge Advocate General (OJAG).  In your appeal, you stated that the symptoms you experienced prior to 5 June 2018 did not impede your ability to perform in every aspect of your life.  You claimed that, following the 5 June 2018 injury, the symptoms became more severe and limited your functional ability.  On 31 January 2020, the OJAG found that the record did not demonstrate that your pre-existing right-leg numbness was worsened beyond its natural progression while on active duty orders.  Accordingly, the OJAG denied your appeal. 
 
In your application to the Board, you contest the OJAG’s decision.  You contend that you incurred an injury onboard the  on 5 June 2018, which resulted in impairment to your ability to perform your duties and in ongoing medical care.   You assert that the 5 June 2018 injury entitles you to a LOD determination with benefits.  
 
The Board carefully considered your record and your contention that your surgeon specifically stated that your injury was from the incident onboard the  and was not a preexisting injury.  The Board, however, noted that your medical record from 5 June 2018 reflects that you presented with back pain and indicated that you threw out your back while coughing.  Although you noted knee pain, you stated that it predated your current back injury.  Even in consideration of your surgeon’s assertion and your contention that you suffered an injury in the LOD, the Board concurred with both the CNPC’s and OJAG’s determinations denying you LOD healthcare benefits. 
 
It is regretted that the circumstances of your case are such that favorable action cannot be taken on your other than honorable characterization of service for your final period of enlistment.  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.