DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 5867-17 DEC 26 2017 Dear , This is in reference to your application for correction ofyour naval record pursuant to the provisions oflO U.S.C. §1552. A three-member panel ofthe Board for Correction of Naval Records, sitting in executive session, considered your application on 14 December 2017. The names and votes of the members ofthe 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 ofyour application, together with all material submitted in support thereof, relevant portions ofyour naval record and applicable statutes, regulations and policies. A review ofyour record shows you entered active duty with the Navy in May 2001 and served until the completion ofyour required active service in March 2008. You entered the Navy Reserve and served until the completion ofyour required service on 7 March 2011. Subsequently, you attempted to reenlist in the Navy Reserve in 2015 but were determined to be physically disqualified for enlistment due to existing diagnoses ofbilateral patellofemoral syndrome, lumbar strain, cervical strain, and anxiety disorder. You requested a medical waiver and were denied on 13 July 2015. On 2 May 2017, a medical provider certified you were physically qualified to participate in Jaw enforcement training. The Board carefully considered your arguments that you were wrongfully denied. a medical waiver to reenlist in the Navy Reserve. You assert that your disqualifying conditions are not serious as evidenced by the medical certification that allows you to participate in law enforcement training that is analogous to military duties. Unfortunately, the Board disagreed with your rationale for relief. The Board concluded that your diagnosed medical conditions, that were used to disqualify you from enlistment, were all disqualifying medical conditions under Chapter 15, Manual ofthe Medical Department despite your assertion that they were not serious conditions. This finding led the Board to determine that you required a medical waiver from Commander, Naval Recruiting Command (CNRC) in order to qualify for enlistment. So the Board examined the medical evidence you provided regarding the propriety ofCNRC's decision to deny your medical waiver, i.e. your 2017 medical certification for law enforcement training and the 25 March 2015 letter from the Department ofVeterans Affairs that you were medically cleared to return to Reserve duty. In each case, the Board concluded that the evidence was insufficient to overturn CNRC's decision to deny you a medical waiver. Regarding your medical certification to participate in law enforcement training, the Board determined that certification was for a different purpose that did not address an important policy concerns involved in enlisting an individual in the military with medical concerns. Law enforcement training may be as physically onerous as military duty but military duties also require members to be worldwide deployable into remote locations that may not support treatment of certain medical conditions. The Board felt this was a significant difference that justifies a more stringent requirement to waive existing medical conditions for enlistment into the military as compared to law enforcement. So the fact you possess a medical certification to participate in law enforcement training was not particularly persuasive to the Board since it did not address the issue of qualifications for worldwide deployment and your medical conditions were the type that may require specialized medical treatment not routinely available during military deployments. Similarly, the VA's determination that you were medically qualified for Reserve duty was not persuasive to the Board since the V A's providers do not necessarily possess the knowledge of military treatment limitations for deployed service members or awareness ofNavy qualification requirements for enlistment into the Navy Reserve. Accordingly, the Board was unable to find an error or injustice warranting a correction to your record and denied your application. The Board was sympathetic to your case and impressed with your desire to continue to serve your country in the Navy. However, it felt it inappropriate to override the decision ofthe Navy's medical representative without additional evidence that specifically addresses the policy reasons why your medical conditions are disqualifying. They recommended you seek a medical opinion from a Navy medical provider that has the expertise to provide you an opinion that would be more probative to the discussion ofwhether your medical conditions should be waived and reapply for enlistment once you obtain the medical evidence that supports your position. 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 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 ofprobable material error or injustice. Sincerely, Executive Director