Docket No: 3729-19 Ref: Signature Date Dear : This is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552. After careful and conscientious consideration of the entire record, the Board for Correction of Naval Records (Board) found that the evidence submitted was insufficient to establish the existence of probable material error or injustice. Consequently, your application has been denied. A three-member panel of the Board, sitting in executive session, considered your application on 30 June 2020. The names and votes of the members of the 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 of your application, together with all material submitted in support thereof, relevant portions of your naval record, and applicable statutes, regulations, and policies. You served in the Navy Reserve and completed a period of active duty from 1 December 2008 to 16 September 2011, in the grade of Captain. During the period of active duty, you were deployed to as an individual augmentee (IA) and made significant contributions to the LRMC mission by providing pulmonary and intensive medical care to over 1,000 acutely wounded warriors. You were subsequently placed in a Medical Hold (MEDHOLD) status in March 2010. Your Fitness Report (FITREP) for 10 July 2010 through 1 June 2011, reflects that during your period of medical hold, you were assigned to l as a Staff Pulmonologist where you displayed clinical expertise, enthusiasm, advocacy for quality patient care, and dedication to the GME program. Your Certificate of Release or Discharge from Active Duty (DD Form 214) for the period of 1 December 2008 to 16 September 2011, block 18 (Remarks) states that you were mobilized in support of , section 12302, title 10 U.S. Code from 1 December 2008 through 7 March 2010, and section 12301(h), Title 10 U.S. Code from 8 March 2010, with a detached separation date of 6 June 2011. In your petition to the Board, you ask for a change to block 18 of DD Form 214, to remove the reference to section 12301(h) of title 10, U.S. Code as it is reflective of a Medical Hold. You ask that your DD Form 214 show you were working “full time” as an attending/staff physician at from March 2010 through July 2011. You also ask for all benefits due to include Post 9/11 benefits, Yellow Ribbon Program benefits, retirement points, and any and all other benefits associated with the aforementioned corrections. You state that while serving on your IA, you were injured and returned to the United States. However, you remained on active duty and continued to perform active duty assignments at in . You request removal of the reference to section 12301(h) because you were working full time; you provide letters and FITREPs pertaining to the time in question which establish your ongoing contributions despite being in a medical hold status. You contend that you have lost 558 days of GI Bill eligibility, and that your Post 9/11, Yellow Ribbon, and retirement points benefits have also been adversely impacted. The Board, in its review of your entire record and application, carefully considered your request to determine whether the reference to section 12301(h) was an error or an injustice. The Board concurred with your contentions that you made significant and noteworthy contributions as an attending/Staff physician at NMCP while you were in a medical hold status. The Board noted that section 12301(h) of title 10, U.S. Code states that SECNAV, with the consent of the member, may order a member of the reserve component to active duty to receive authorized medical care, to be medically evaluated for disability or other purposes, or to complete a required DoD health care study, which may include an associated medical evaluation of the member. The Board reviewed your service record, to include the orders you provided with your application, the FITREPs for the periods of 30 March 2010 to 9 July 2010, and 10 July 2010 to 1 June 2011, and concluded that you were in a MEDHOLD status from March 2010 until the completion of your period of active duty service in 2011. Accordingly, the Board determined that the reference to section 12301(h) of title 10, U.S. Code on your DD Form 214 does not appear to be erroneous. However, the Board noted that you continued to make notable contributions to NMCP during your MEDHOLD status. The Board found that you had not exhausted your lower level administrative remedies with Commander, Naval Reserve Forces Command (CNRFC) with respect to determining whether the impact of the reference to section 12301(h) to your benefits (including Post 9/11 GI Bill, Yellow Ribbon, and retirement points), was unjust given your ongoing and full-time support to NMCP during your period of MEDHOLD. Accordingly, the Board declined to make a determination, and recommended you contact CNRFC with your request for benefits due, to include service credit for educational benefits and retirement points. It is regretted that the circumstances of your case are such that favorable action cannot be taken. You are entitled to have the Board reconsider its decision upon the submission of new matters, which will require you to complete and submit a new DD Form 149. New matters are those not previously presented to or 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 of probable material error or injustice.