DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No. 5464-18 
AUG 27 2018 


Dear , 

This is in reference to your application for correction of your naval record pursuant to the 
provisions of 10 USC 1552. After careful and conscientious consideration of the entire record, 
the Board found the evidence submitted was insufficient to establish the existence ofprobable 
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 for Correction of Naval Records, sitting in executive session, considered your 
application on 9 August 2018. 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 ofthis Board. 
Documentary material considered by the Board consisted of your application, together with all 
material submitted in support thereof, relevant portions ofyour naval record and applicable 
statutes, regulations and policies. In addition, the Board considered the advisory opinion 
contained in BUMED ltr 5740 Ser M34/18UM34136 of 8 Mar 2018 and your rebuttal evidence 
received on 25 June 2018. 

A review of your record shows that you entered service with the Navy Reserve in April 1992. 
You were seen for a finger injury on 20 August 2012 that was eventually diagnosed as a fracture. 
You next reported right shoulder pain on 21 July 2013 and attributed the injury to your 
participating in a command softball game in August 2012. In December 2012, you complained 
of cervical pain to the Department of Veterans Affairs. On 19 December 2016, you were placed 
on the retirement list. 

The Board carefully considered your arguments that your medical records need to be amended to 
reflect that you suffered injuries to spine, back, shoulders, arms, and right hand. You assert that 
these injuries occurred as a result of your participation in the command softball game during 
your August 2012 drill weekend. Unfortunately, the Board disagreed with your rationale for 
relief. In making their findings, the Board substantially concurred with the advisory opinion 
contained in BUMED !tr 5740 Ser M34/18UM34136 of 8 Mar 2018.

The Board had two fundamental issues with granting relief in your case. First, the Board found insufficient evidence 
that you were injured during your August 2012 drill weekend. Despite the email message you 
provided from your senior enlisted leader and the evidence that you attended your weekend drill 
in August 2012, as pointed out in the advisory opinion, the evidence provided lacks the 
necessary specificity to support your assertion you suffered the multiple injuries while playing a 
command softball game in August 2012. Second, the Board could find no nexus between almost 
all the injuries you claimed to have suffered in August 2012 and the medical evidence you 
provided. The only medical evidence supporting an injury occurring in August 2012 was an xray 
for a broken finger. All other injuries were reported in 2013 or later. This led the Board to 
conclude that there was insufficient evidence of a nexus between your claimed injuries, other 
than your finger, and the August 2012 softball game. Despite the finding that you suffered a 
finger injury in August 2012, as pointed out earlier, the Board found the evidence insuffiCient to 
find that your finger injury occurred while on duty in August 2012. 

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