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 11 February 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 1997.  In August 2000, you allegedly struck your head on a hatch while serving onboard  and fell to the deck resulting in another strike to your head.  According to an 11 December 2020 written statement provided by the Independent Duty Corpsman (IDC) assigned to the at the time, you reported your injury after a period of delay after suffering transient symptoms.  No record of your medical treatment exists in your military record. 
 
The Board carefully considered your arguments that the IDC statement should be placed in your Navy medical record to document the incident and allow you to claim additional disability benefits from the Department of Veterans Affairs (VA).  Unfortunately, the Board disagreed with your rationale for relief.   
 
In denying your request for relief, the Board concluded the preponderance of the evidence does not support placing the IDC statement in your military record because it lacks the required controls that exist with military medical records.  The Board determined that IDC statement does not meet the requirements of a Navy medical record since it was not prepared by a member of a military medical staff and is not in the required form for documenting medical treatment.  Therefore, it lacks the reliability and form associated with military medical records to be placed in your Navy record.  Additionally, the Board considered whether an injustice exists by not placing the statement in your record and concluded none exists.  Since you may submit the IDC statement to the VA to substantiate a service connection for your disability conditions associated with the incident, the Board felt there were reasonable alternative means for you to address the missing medical record with the VA.  Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your record.   
 
The Board determined that your personal appearance, with or without counsel, would not materially add to their understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of 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, 
 
2/12/2021
Deputy Director