DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 3680-21 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD ICO , USNR RET 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 the Board for Correction of Naval Records (Board), requesting that his naval record be corrected to reflect he suffered injuries to his spine, back, shoulders, arms, and right hand during a command softball game in August 2012. 2. The Board, consisting of Mr. , Ms. , and Mr. , reviewed Petitioner’s allegations of error and injustice on 30 September 2021 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 in April 1992. During a weekend drill on 18 August 2012, Petitioner participated in a command softball game in which he suffered a hand injury. He reported to the emergency room on 20 August 2012 complaining of hand pain and was later diagnosed with a fracture to his right hand. Subsequently, Petitioner underwent Periodic Health Assessments in which he documented that he was injured during the August 2012 softball game. However, in 2013, Petitioner begins to associate other orthopedic pain symptoms with the August 2012 softball game. He initially complains of neck and shoulder pain but later includes cervical and back pain symptoms. Petitioner provided a Department of Veterans Affairs (VA) medical record that documents his history of orthopedic issues since the August 2012 softball game. Petitioner was placed on the retirement list effective 19 December 2016. c. Petitioner was previously denied relief by this Board based on lack of evidence that his injuries were incurred during the August 2012 softball game. Petitioner provided new evidence that supports his arguments for relief including medical records and a VA hearing transcript. CONCLUSION Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice warranting partial relief. Specifically, the Board determined that the preponderance of the evidence supports placing this decision letter in Petitioner’s record to document that he suffered a fractured right hand during the 18 August 2012 command softball game while in a duty status. The Board concluded that the preponderance of the evidence supports a finding that Petitioner injured his right hand during the softball game and that injury was treated on 20 August 2012. Treatment records document that his injury was a fractured right hand. Despite the Board’s finding that Petitioner suffered a hand injury during the August 2012 softball game, the Board determined the preponderance of the evidence does not support a finding that his other claimed injuries were incurred during the August 2012 softball game. In making this determination, the Board relied on the fact Petitioner only reported hand pain during his 20 August 2012 medical treatment and that his other orthopedic pain symptoms were not reported until the following year. The Board noted that in Petitioner’s medical record he claimed his other orthopedic injuries were from the softball game but he did not “sustain pain until May 2013.” In the Board’s opinion, there were too many potential intervening causes for Petitioner’s orthopedic pain symptoms to be able to associate them with a softball game that occurred approximately nine months prior. Instead, the Board concluded that the 20 August 2012 medical record of Petitioner’s treatment for injuries associated with the softball game was more reliable evidence of injuries actually sustained since he was treated two days after the game. This medical record only documents pain symptoms of his hand. RECOMMENDATION In view of the above, the Board directs the following corrective action. Petitioner’s naval record be corrected by placing this decision letter in his military record to document he suffered a right hand fracture that occurred on 18 August 2012 while he was in a duty status. No other change is required. 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. 9/30/2021 Deputy Director