DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

Dear  ,  
 
This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code.  After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied.    
 
Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your case on its merits.  A three-member panel of the Board, sitting in executive session, considered your application on 23 September 2021.  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.   
 
A review of your record shows that you entered active duty with the Navy in September 1995 until the end of your obligated active service.  On 1 May 2013, you were recalled to active duty in support of Operation Enduring Freedom.  During this period of active duty, you reported to medical on 4 October 2013 complaining of left shoulder pain.  The medical report documents that you reported landing on your left shoulder while rolling to your right.  A radiology report documents that two views were taken of your left shoulder on 3 October 2013.  After your retirement from the Navy Reserve, you injured your right shoulder in 2021 while moving a sofa.  A Magnetic Resonance Imaging report documents that you suffered a tear to your right shoulder tendon along with related conditions. 
 
The Board carefully considered your arguments that your 4 October 2013 medical report documenting your left shoulder injury should be changed to reflect a right shoulder injury.  You argue that the medical report erroneously reports the wrong shoulder injury based on your 2021 injury to your right shoulder and your belief that it is nonsensical that you could injure your left shoulder while rolling to your right.  Unfortunately, the Board disagreed with your rationale for relief.  In reviewing the evidence in your case, the Board concluded the preponderance of the evidence does not support the change you request.  Specifically, the Board was not persuaded by your argument that the 2013 medical record was erroneous based on the existence of an existing right shoulder condition or your belief that you could not have suffered a left shoulder injury while rolling to your right.  The Board noted that an individual rolling to his right would land on his left shoulder after completing his roll.  This is consistent with the medical report narrative that states you “ended up landing directly on the top of the left shoulder.”  In making their finding, the Board noted that radiology view of your left shoulder were taken in 2013.  In the Board’s opinion, this corroborates the 4 October 2013 medical report narrative that you complained of left shoulder pain at that time.  Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your record.   
 
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, 
09/28/2021
Deputy Director