DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 447-18 Mar 27 2019 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF Ref: (a) 10 U.S.C. §1552 (b) MCC) 6100.13 Encl: (1) DD Form 149 (2) NAVMC 118(11) counseling entry dtd 19 Jul 16 (3) NAVMC 118(11) counseling entry dtd 12 Sep 16 (4) NAVMC 118(11) counseling entry dtd I Dec 16 (5) NAVMC 1 1 8(11) counseling entry dtd 6 Dec 16 (6) NAVMC 118(11) counseling entry dtd I Jan 17 (7) NAVMC 118(11) counseling entry dtd 14 Mar 17 1. Pursuant to the provisions of reference (a), Petitioner, an enlisted Marine filed enclosure (1) with this Board requesting the removal of counseling entries dated 19 July 2016; 12 September 2016; 1 December 2016; 6 December 2016; 1 January 2017; and 14 March 2017 from her official military personnel file (OMPF). Petitioner also requested an adjustment to her E-3/Lançe Corpor I date of rank from 1 May 2017 to 1 December 2016. 2. The Board, consisting of Mr. , Mr. , and Mr. reviewed Petitioner's allegations of error and injustice on 27 December 2018, and pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. Documentary material considered by the Board consisted of the enclosures, relevant portions of the naval records, and applicable statutes, regulations, and policies. 3. The Board, having reviewed all the facts of record pertaining to Petitioner's allegations of error and injustice finds as follows: a. On 11 March 2016, Petitioner went to a medical appointment complaining of left knee pain after twisting her knee on the confidence course during unit training. Petitioner stated that she fell and her leg buckled underneath her. Medical personnel noted a moderate painful gait and full range of motion w/pain at full flexion. Petitioner was assessed as fit for full duty with limited running and no company physical training for that day. Medical personnel also recommended stretching exercises, a brace for support, and physical therapy. b. On 5 April 2016, Petitioner went to a medical appointment complaining of pain on the bottom of her foot. Petitioner was diagnosed with planter fasciitis (lump on the bottom of the foot). Medical personnel recommended a series of exercises and a follow-up in four to six weeks. c. On 2 June 2016, Petitioner participated in the calendar year 2016 Physical Fitness Test (PFT) and failed the run portion of the PFT. Reference (b) requires the run portion of the PFT to be completed in under 31 minutes to attain a passing score for female personnel in her age group. d. On 3 June 2016, Petitioner went to a medical appointment complaining of left knee pain after running a PFT. Petitioner informed medical personnel that she's had left knee pain for the past three to four months, and while participating in the PFT, she ran slower due to the pain. Petitioner was diagnosed with left knee pain likely related to a mid-tibia stress reaction. Medical personnel recommended no running and low to no impact bike or swim for cardio. e. One 30 June 2016, Petitioner went to a medical appointment complaining of left knee, hip pain and sharp pain down her left leg. Medical personnel noted knee tenderness on the lateral side of the left knee, but no weakens of the left knee was observed. Medical personnel recommended seven days of light duty, ibuprofen, and a follow-up with Primary Care as needed. f. On 19 July 2016, Petitioner was issued a counseling entry documenting her 2 June 2016 PFT failure. Provisions of reference (b), require promotion restriction as a result of a PFT failure. Marines are subsequently eligible for promotion only after passing a PFT. Petitioner was issued similar promotion-restriction counseling entries on 12 September 2016, 1 December 2016, 6 December 2016, 1 January 2017, and 14 March 2017, each stating she is eligible, but not recommended for promotion due to PFT failure. g. From 26 August to 13 June 2016, Petitioner was placed 01/ light duty for several periods of time: 26 August 2016 (7 days, no CFT/PFT or running); 28 November 2016 (7 days no CFT/PFT or running); 8 December 2016 (20 days no CFT/PFT or running); and 22 March 2017 (9 days no CFT/PFT or running). h. On 10 April 2017, Petitioner was referred to the orthopedic department for an evaluation and recommended for a limited duty evaluation for her left knee. Medical personnel also recommended an additional 52 days of light duty with no CFT/PFT or running. i. On 27 April 2017, Petitioner completed and passed a partial PFT. j. On 1 May 2017, Petitioner was promoted to E-3/Lance Corporal. k. On 13 June 2017, Petitioner had surgery to repair an anterior cruciate ligament (ACL) tear to her left knee. l. Petitioner is currently pending a Physical Evaluation Board. CONCLUSION Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice warranting corrective action. The Board reviewed the Petitioner's detailed explanation of the circumstances leading to the counseling entries. The Board determined that evidence in the Petitioner's request indicates the Petitioner was suffering from an injury that occurred prior to the failed PFT. The Board also opined that an injury of that nature may become more severe overtime and can be difficult to diagnose immediately. The Board determined, the sequence of events leading to a diagnosis and surgery was compelling evidence that her failure to pass the run portion of the PFT was a direct result of the injury. The Board concluded the counseling entries shall be removed and Petitioner's Lance Corporal date of rank shall be adjusted to 1 December 2016. RECOMMENDATION In view of the above, the Board directs the following corrective action. Petitioner's naval record be corrected by removing enclosures (2) through (7) from her official military personnel file. Petitioner's naval record be corrected by adjusting her Lance Corporal date of rank from 1 May 2017 to 1 December 2016. The Defense Finance and Accounting Service (DFAS) complete an audit of Petitioner's records and make payment of any money that Petitioner may be entitled to. Any material or entries inconsistent with or relating t the Board's recommendation be corrected, removed or completely expunged from Petitioner's record, that no such entries or material be added to the record in the future. This includes but is not limited to all information systems/data base entries which reference and/or discuss the material being expunged. 4. It is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter. 5. Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulation, Section 723.6(e)) and having assured compliance with its provisions, it is hereby announced that the foregoing corrective action, taken under the authority of reference (a), has been approved by the Board on behalf of the Secretary of the Navy. Executive Director