DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
Docket No. 413-17 

Dear

This is in reference to your application for correction of your naval record pursuant to the provisions of 10 USC 1552. 

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 ofNaval Records, sitting in executive session, considered your application on I 0 August 2017. The names and votes of the members of the panel will be 
furnished upon request. Your allegations oferror and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings ofthis Board. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record and applicable statutes, regulations and policies. 

January 1971, you lacerated your finger when a hatch closed on your hand. You were treated and released back to duty on 16 January 1971. You provided several letters from shipmates that attest you fell from a ladder and suffered injuries when the 
The Board carefully considered your arguments that your medical record needs to be changed to reflect additional injuries you suffered as a result of your fall from the ladder in 1971. You assert that the treating Corpsman failed to annotate the additional injuries and only addressed the laceration to your finger in your medical record. Unfortunately, the Board felt there was insufficient evidence to support a change to your medical record. While the Board does not dispute the evidence you provided, it did not convince them than an error exists in your record. The fact you may have fallen from the ladder and suffered injuries consistent with such a fall does not necessarily mean the medical record of your treatment is in error. As pointed out in letter, your injuries were only sufficient to place you on light duty. 
This fact led the Board to conclude that while you may have suffered other injuries when your 
finger was lacerated, those injuries could reasonably be considered minor enough not to be noticeable or reportable in the medical report. The Board determined that the fact your medical record does not contain specific details of each incident of an accident or a diagnosis of every potential ailment during treatment doesn't create a correctable error. The Board concluded that the Corpsman properly documented the serious injury that required immediate treatment, i.e. your lacerated finger, and did not err by not listing other symptoms he may have deemed insignificant at the time. In the end, while you provided evidence that a fall may have occurred, the Board determined that there was insufficient evidence to show that you informed the treating Corpsman of your fall or that your resulting injuries were serious enough to warrant a medical entry. Accordingly, the Board was unable to find an error or injustice warranting a correction to your record and denied your application. 

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 ofregularity 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, 

Executive Director