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 relevant portions of your naval record and your application, 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, sitting in executive session, considered your application on 24 September 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 Navy Reserve in January 1984.  After experiencing back pain symptoms in training, you reported a three year history of intermittent back pain prior to entering the Navy.  You were admitted to Naval Hospital  for back pain and depression in July 1984 and released after approximately 14 days of treatment.  As a result of your back condition, a medical board was convened on 8 November 1984.  You were diagnosed with back pain that existed prior to entry based on your medical history that showed you suffered a football related back injury in 1982 that continued to bother you intermittently over the years leading up to your enlistment in the Navy.  Based on your back pain symptoms, you were determined not to meet induction standards and recommended for discharge with a preexisting disability condition.  You were discharged on 16 November 1984 pursuant to the medical board findings. 
 
The Board carefully considered your arguments that you were healthy at the time of your enlistment based on your March 1983 enlistment physical.  You also assert that the medical board relied on false medical information that you suffered from a preexisting back condition.  Unfortunately, the Board disagreed with your rationale for relief.   
 
First, the Board concluded the preponderance of the evidence supports the medical board findings in your case.  Your active duty medical record is replete with evidence that your back condition existed well before your enlistment in the Navy.  Your initial treatment for back pain symptoms in March 1984 documents a three year history of back pain as well as your May 1984 referral for physical therapy.  The Board found no reasonable basis for the Navy to falsify your medical history and concluded, it was more likely than not, accurate based on information you provided at the time of your treatment.  Based on this finding, the Board also concluded that the medical board medical history was consistent and accurate with your previously provided medical histories.  As a result, they concluded the assertions from you and your former spouse that you had no history of back pain was unsupported by your medical records.  Consequently, the Board found that your back pain preexisted your entry into the Navy.  
 
Second, the Board concluded that your back condition was not service aggravated based on the medical evidence.  The medical board report notes that you suffered a painful back injury playing football that intermittently flared up over the years.  You subsequently enlisted and injured your back during basic training that caused back pain symptoms.  The Board found no evidence this subsequent back injury was a progression beyond the natural course of your original back injury.   Your physical therapy notes indicate a physical examination of your back was unremarkable as of May 1984.  Despite your hospitalization in July 1984, the Board found no evidence that your back condition had worsened beyond the severe pain symptoms you experienced prior to entering the Navy.  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.