From: Chairman, Board for Correction of Naval Records 

To: Secretary of the Navy 

Subj: REVIEW OF NAVAL RECORD ICO FORMER 

Ref: (a) Title 10 U.S.C. 1552 
Encl: (1) DD Form 149 w/attachments 

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 find that his injury from was incurred in the line of duty. 

2. The Board, consisting of reviewed Petitioner’s   allegations of error and injustice on 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 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 Navy Reserve on as a   he received annual training orders for the period of through Petitioner was medically screened on upon reporting for duty and released without limitations. 

c. On Petitioner reported to medical complaining of right shoulder pain. The report notes that he injured his shoulder after performing pull-ups. Petitioner was diagnosed with a trapezius muscle strain and prescribed physical therapy. He was released with the limitation that he not perform any pushups. Petitioner did not request line of duty benefits upon his release from active duty. 

d. Petitioner’s record shows that he was not within physical standards from   through Eventually, he was found to be not physically qualified (NPQ) for retention in the Navy Reserve by the Bureau of Medicine and Surgery on Petitioner elected to be discharged from the Navy Reserve on and was discharged on based on his NPQ status. Post-discharge, the Department of Veterans Affairs denied Petitioner’s compensation and pension claim based on a lack of a line of duty “report” in his record. 

CONCLUSION 

Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice warranting relief. Specifically, the Board determined that Petitioner’s right shoulder injury, that was treated on was more likely than not incurred during his period of active duty between They based on their finding on his medical examination notes that documented he was released to duty without any limitations and the medical examination notes that show he suffered a right shoulder injury sometime prior to In the Board’s opinion, the preponderance of the evidence supports a finding that Petitioner injured his right shoulder between and during a period of active duty less than 30 days. The Board found no error 
with the Navy’s decision not to issue a line of duty letter or conduct a line of duty investigation 
since there was no evidence that the Petitioner requested one or that he required one prior to his discharge from the Navy Reserve. In addition, the record doesn’t support a finding that he was unfit for continued naval service at the time of his release from active duty in However, in light of his need to document that his right shoulder injury is service connected to qualify for Department of Veterans Affairs benefits, the Board felt the interests of justice merit placing a document in his military record that memorializes their finding that his right shoulder injury was incurred in the line of duty. 

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 in his military record. 

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.