DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 4223-19 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Ref: (a) Title 10 U.S.C. 1552 Encl: (1) DD Form 149 w/attachments (2) Psychiatric Advisor CORB letter 1910 CORB: 002 of 20 March 2020 (3) Director CORB letter 1910 CORB: 001 of 31 March 2020 1. Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with the Board for Correction of Naval Records (Board), requesting that Petitioner’s naval record be corrected to place her on the disability retirement list. 2. The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 28 May 2020 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 enlisted in the Navy Reserve on 30 November 1999 for a period of eight years. On 15 June 2002, Petitioner was injured during a motor vehicle accident resulting in multiple injuries including to her head, cervical spine, and left rotator cuff. No line of duty investigation was conducted into the accident since the accident and injuries did not meet the triggering requirements under the regulations. Petitioner’s last performance evaluation in her record ended on 15 July 2003 and indicated she was unable to drill due to her physical condition. An administrative remark dated 31 March 2005 documents that she was discharged on that date for unsatisfactory participation, however, she was sent a letter indicating her discharge was due to the expiration of her obligated service. c. Post-discharge, it appears Petitioner was unsuccessful in obtaining a Department of Veterans Affairs (VA) service connection for her disability conditions arising from her 2002 motor vehicle accident injuries. A 2017 Board of Veterans Appeals decision determined that insufficient evidence exists to find a service connection based on conclusive evidence that Petitioner was not on active duty, any training orders, or on a drill period when she incurred her disability conditions. d. In correspondence attached at enclosures (2) and (3), the office having cognizance over Petitioner’s request to be placed on the disability retirement list determined that the evidence does not support relief. The opinion states that the evidence does not show that Petitioner’s disability conditions were proximately caused by her Navy Reserve duty. Petitioner provided rebuttal evidence arguing that she was presumed to be in the line of duty at the time of her accident and that presumption was never rebutted by the Navy since an investigation was never conducted. It further argues that the Navy failed to properly investigate her case and medically evaluate her for continued service. CONCLUSION Upon review and consideration of all the evidence of record, the Board finds the existence of an error warranting partial relief. Regarding Petitioner’s request for military disability benefits, the Board concurred with rationale contained in enclosures (2) and (3). Specifically, the Board determined that the preponderance of the evidence does not support a finding that Petitioner’s disability conditions were incurred as a result of a period of active duty, Navy Reserve training, while drilling with her Navy Reserve unit, or travelling to or from her Reserve unit during a drill period. This finding was based on the Board of Veterans Appeals decision that documents that Petitioner’s written statements and testimony regarding the circumstances of her accident. Further, the Board found no evidence in her record that she met any of the requirements as a Reservist to be referred to the Disability Evaluation System for her disability conditions or that her injuries required a line of duty investigation. The Board also concluded that the in the line of duty presumption was inapplicable in Petitioner’s case since she was a Navy Reservist and not on active duty or on any other type of military orders that would place her in a military duty status at the time of her accident in 2002. Based on these findings, the Board concluded the preponderance of the evidence does not support placing her on the disability retirement list. Despite their finding that Petitioner did not qualify for military disability benefits, the Board concluded that Petitioner’s reason for separation is incorrect according to her record. Her discharge from the Navy Reserve occurred well before the expiration of her obligated service according to her enlistment contract. Further, it appears her command intended to administratively separate her for unsatisfactory participation based on the 31 March 2005 administrative remark in her record. In either case, Petitioner’s record does not support the reason for separation. Based on the inconsistencies in her record, the Board concluded changing her reason for separation to Secretarial Authority is appropriate. RECOMMENDATION In view of the above, the Board directs the following corrective action. Petitioner’s naval record be corrected by changing her narrative reason for separation to Secretarial Authority. She will be issued a new record of discharge from the Navy Reserve documenting the change to her 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.