DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 9162-19 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Ref: (a) 10 U.S.C. § 1552 Encl: (1) DD Form 149 w/attachments (2) Cmdr, NPC (PERS 95) ltr 5400 Ser 95/050 of 23 Jan 20 1. Pursuant to the provisions of the reference, Subject, hereinafter referred to as Petitioner, filed enclosure (1) with the Board for Correction of Naval Records (Board), requesting that her naval record be corrected to grant her line of duty (LOD) appeal of denial. 2. The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 26 March 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 Petitioner’s 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 in July 2014. On 12 March 2015, she commenced a drill period and injured her right shoulder during physical training. Her injury was witnessed by at least three coworkers who were exercising with her. Additionally, after conducting a LOD investigation, Petitioner’s commanding officer determined that her injury was incurred in the line of duty in his letter of 28 October 2016 endorsingPetitioner’s LOD health care request. c. Based on the chronologic history of Petitioner’s case, it appears she was granted aLOD evaluation in July 2017, but her request for LOD benefits was later denied. As a result, she appealed the denial of benefits in 2018. Her appeal was eventually forwarded to the Office of the Judge Advocate General (OJAG) in 2019. The appeal was denied on 30 July 2019 based on the lack of contemporaneous witness statements and medical evidence to support her claim. Petitioner subsequently submitted an application to this Board in September 2019. Her application included medical evidence that documents she suffered an injury that causes pain to her shoulder region and includes right shoulder loose bodies. d. In correspondence attached at enclosure (2), the office having cognizance over Petitioner’s request for LOD benefits stated that they did not include Petitioner’s witness statements with her appeal package to OJAG. These statements were not forwarded since they consisted of emails that were not digitally or manually signed by the witnesses. Upon being provided enclosure (2) for comment, Petitioner provided three signed witness statements that corroborated her injury during the weekend of 12 March 2015. Based on the submission of the witness statements, this Board administratively closed Petitioner’s application and directed her to resubmit the new evidence to OJAG for consideration. According to Petitioner’s LOD Case Manager at Navy Operational Support Center , OJAG refused to consider Petitioner’s new evidence. As a result, this Board reopened her case for adjudication. CONCLUSION Upon review and consideration of all the evidence of record, the Board finds the existence of an error warranting relief. Specifically, the Board determined that Petitioner suffered a LOD injury to her right shoulder during her 12 March 2015 drill period. This conclusion was based on witness statements that substantiate her time and type of injury consistent with her LOD claim. Based on the evidence presented, the Board concluded that OJAG’s 30 July2019 decision to deny Petitioner’s appeal of LOD benefits should be changed to a grant of appeal. RECOMMENDATION In view of the above, the Board directs the following corrective action. Petitioner’s naval record be corrected to grant her LOD appeal to OJAG. The Board directs the following changes to Division Director, Administrative Law Division (Code 13), Office of the Judge Advocate General letter 1850 13/3DC0531.19 of 30 July 2019: a. Paragraph 1: Replacing the words “I am denying your appeal” to “I am granting your appeal”; b. Paragraph 2: Striking all words in the paragraph after the first sentence; and c. Paragraph 3: Striking the word “not” from theparagraph and replacing the word “denied”with “granted.” 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 Regulations, 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 the reference, has been approved by the Board on behalf of the Secretary of the Navy.