DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 3117-21 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. A three-member panel of the Board, sitting in executive session, considered your application on 27 May 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. A review of your record shows that you entered service with the Navy Reserve in 2009. You were injured in a non-duty related motor vehicle accident in October 2018 that resulted in a Not Physically Qualified (NPQ) determination by the Navy. After you elected a Physical Evaluation Board (PEB) review, the PEB determined you were not physically qualified for continued Reserve duty due to back pain, Depression, and Spondylosis on 5 August 2020. A formal PEB hearing was conducted on 4 February 2021 and concluded that you were NPQ based only on your back condition. A Petition for Relief was denied by Director, Secretary of the Navy, Council of Review Boards on 15 March 2021 despite new medical opinion from your medical provider that you were able to resume your full duties without restriction. You subsequently filed an application to this Board arguing that the PEB findings in your case were erroneous. The Board carefully considered your arguments that your PEB findings should be overturned based on its reliance on an outdated non-medical assessment from February 2020 and medical evidence that you are able to perform your duties. Unfortunately, the Board disagreed with your rationale for relief. In making their findings, the Board concurred with the findings of the formal PEB. Specifically, in considering whether you could physically continue in the Navy Reserve, the Board took into consideration several factors related to your back condition. First, the Board noted that you were limited to lifting 70lbs based on the 17 June 2020 U.S. Department of Labor Workers Compensation Program letter. In the Board’s opinion, this was a significant limitation to being able to deploy or perform military duties. Second, the Board also relied on the February 2020 non-medical assessment that you are unable to deploy. Despite your arguments that this assessment was dated, the Board concluded there was no other deployment assessment to contradict it. The Board did not agree with your assertion that your performance of mail carrying or volunteer firefighting duties equate to an ability to deploy or perform military duties. In their opinion, unlike civilian employment, military deployment related duties have the potential to be uniquely harsh and require personnel who are free of chronic disability conditions to ensure the safety of the service member and other personnel. As a result, the Board was not persuaded by the evidence you presented that the PEB findings in your case were erroneous. Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your record. However, the Board felt the need to point out that you will be assigned a waivable reenlistment code upon your release from the Navy Reserve. Should you be able to obtain new medical evidence that specifically addresses your back condition and any impact on your ability to deploy and perform all military duties, the Board felt you should attempt to seek reenlistment by obtaining a waiver from the Bureau of Medicine and Surgery through your recruiter. 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, 5/29/2021 Deputy Director