Docket No: 5221-20
Ref: Signature Date


Dear  ,  
 
This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code.  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 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 18 March 2021.  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.  In addition, the Board considered the advisory opinions contained in Director CORB letter 1910 CORB: 001 of 21 January 2021 and Psychiatric Advisor CORB letter 1910 CORB: 002 of 13 January 2021; copies of which were previously provided to you for comment. 
 
The Board determined that your personal appearance, with or without counsel, would not materially add to their understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
A review of your record shows that you entered active duty with the Navy in May 1991.  You reported to medical with back pain in September 1991 with no associated trauma with the onset of pain.  An x-ray of your back on 2 October 1991 revealed you suffered from scoliosis of the lumbar spine.  Eventually, you were referred to the Physical Evaluation Board (PEB) by a medical board on 24 January 1991.  The medical board report opined that your mechanical low back pain existed prior to entry but was aggravated by your active duty service.  On 21 February 1992, the PEB determined your back pain existed prior to entry and was not aggravated by your active duty service.  After you accepted the PEB findings, you were discharged on 27 May 1992 pursuant to the findings. 
 
The Board carefully considered your arguments that your PEB findings should be changed to be consistent with the medical board report that concluded your back condition was aggravated by your period of active duty service.  Unfortunately, the Board disagreed with your rationale for relief.  In making their findings, the Board substantially concurred with the advisory opinions in your case.  Specifically, the Board determined there was insufficient evidence that your back condition was aggravated by brief period of active duty.  In order for a disability condition to be considered service aggravated, the condition must be determined to have progressed beyond its natural progression.  In your case, the preponderance of the evidence does not support such a finding.  As explained in the advisory opinion, medical evidence shows you, more likely than not, entered the Navy with scoliosis of the lumbar spine based on the nature of scoliosis and the brief period of active duty you served prior to the condition being discovered.  A natural progression of scoliosis of the lumbar spine are symptoms of low back pain.  The Board determined that since your symptoms never progressed beyond lower back pain, there was insufficient evidence that your condition progressed beyond its normal progression or was aggravated by your brief period of active duty service.  As such, the Board concluded the PEB findings were supported by the medical evidence.  Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your record.   
 
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,