DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 9994-19 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 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 9 March 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, and the 27 January 2020 advisory opinion (AO). You retired from the Navy Reserve on 1 October 2018 in the grade of commander. You request a line of duty (LOD) determination for right shoulder pain and plantar fasciitis, which you contend were the result of injury or exacerbation sustained while on annual training (AT). You contend that you were unaware of the requirement to report your right shoulder pain while in the Reserve to obtain a LOD determination since you were also a military spouse and a patient at . You assert that you developed joint pain due to constant repetitive motion in performing your duties as a dentist, which worsened toward the end of your period on active-duty orders from 23 February 2015 to 10 March 2015, and which resulted in a visit to the emergency room on 10 March 2015. You provide a copy of the 10 March 2015 Emergency Department Medical Record, which documented pain in your right arm. You note that you did not need a LOD determination to proceed with medical treatment. You contend that your foot condition was reported to , but that the LOD determination was not initiated by the medical officer. You provide medical notes dated 24 April 2010, which document your condition as reported to medical during a drill weekend. As part of the Board’s review, the Navy Personnel Command (PERS-95) reviewed your request, and issued an AO on 27 January 2020. The AO noted that, pursuant to SECNAVINST 1770.5, a member has up to 180 days after completion of qualified duty to request LOD benefits. PERS 95 states that it has not received a LOD benefits request package with the LOD investigation and the endorsement of the commanding officer of your Command. The AO was provided to you, and you were given 30 days in which to submit a response. When you did not provide a response within the 30-day timeframe, your case was submitted to the Board for consideration. The Board, in its review of your entire record and application, carefully considered your contention that you were unaware that of the requirements as outlined in SECNAVINST 1770.5. SECNAVINST 1770.5 requires that a Service member report any injury, illness, or disease incurred or aggravated during a period of duty as soon as possible via the chain of command after occurrence and prior to the termination of such duty. In general, the Service member has up to 180 days after completion of the qualified duty status to submit a request for an in-LOD determination, absent special circumstances. The Board reviewed the AO and noted that you do not appear to have reported your shoulder or foot injuries to your chain of command for an LOD determination within the 180-day period. The Board found that an unawareness of SECNAVINST 1770.5’s requirements does not constitute special circumstances that would warrant an exception. Therefore, the Board determined that a LOD determination is not appropriate in your situation, and that corrective action to your record is not warranted. It is regretted that the circumstances of your case are such that favorable action cannot be taken on your request. You are entitled to have the Board reconsider its decision upon 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. Sincerely,