From:   Chairman, Board for Correction of Naval Records 
To:       Secretary of the Navy 
 
Subj:    REVIEW OF NAVAL RECORD ICO  
 
 
Ref:     (a) Title 10 U.S.C. 1552 
 
Encl:   (1) DD Form 149 
        (2) HQMC memo 1070 JPL 
 
1.  Pursuant to the provisions of reference (a) Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to conduct a line of duty investigation into his left shoulder injury that occurred on 17 March 1996. 
                                              
2.  The Board, consisting of  reviewed Petitioner's allegations of error and injustice on 31 October 2019, 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.  Before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulations within the Department of the Navy.   
 
     b.  Petitioner entered service with the Marine Corps Reserve in March 1985.  A medical note from 20 March 1996 indicates Petitioner suffered a left shoulder injury from a parachute static line approximately two days prior.  Service record entries show Petitioner was in a drilling status when the injury was incurred.  No line of duty investigation for the incident exists in Petitioner’s record.  There was no indication his injury required a line of duty investigation. 
 
     c.  Petitioner was transferred to the Retired Reserve list on 31 March 2013. 
 
     d.  In correspondence attached at enclosure (2), the office having cognizance over Petitioner’s request to conduct a line of duty determination recommended partial relief.  The Advisory Opinion opined that Petitioner’s left shoulder injury from March 1996 was incurred in the line of duty and a medical note should be inserted in his record. 
 
                                  
CONCLUSION 
 
Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice warranting partial relief.  In this regard, the Board substantially concurred with the Advisory Opinion at enclosure (2).  Specifically, the Board determined that Petitioner’s left shoulder injury was incurred on or about 17 March 1996 while in the performance of his military duties.  As a result, they concluded his injury was incurred in the line of duty not due to his misconduct.  However, they also determined too much time has passed to effectively conduct a line of duty investigation.  As a result, they concluded an investigation is not plausible and placement of this decision letter along with a copy of enclosure (2) in Petitioner’s record would document the origin and line of duty determination for his 17 March 1996 left shoulder injury for Department of Veterans Affairs disability benefits purposes and sufficiently offset any injustice created by the lack of an investigation. 
 
RECOMMENDATION 
 
In view of the above, the Board directs the following corrective action. 
 
Petitioner’s naval record be corrected by placing a copy of this decision letter in Petitioner’s service record along with a copy of enclosure (2). 
 
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.