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


Docket No: 80-18 
MAR 12 2018 

From: Chairman, Board for Correction ofNaval Records 
To:   Secretary ofthe Navy 

Subj: REVIEW OF NAVAL RECORD ICO FORMER MBR 
Ref: (a) Title 10 U.S.C. 1552 

Encl: (1) DD Form 149 w/attachments 
      (2) Subject's naval record 

1. Pursuant to the provisions ofreference (a) Subject, hereinafter referred to as Petitioner, filed 
enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected 
to place him back on the Temporary Disability Retirement List (TDRL). 

2. The Board, consisting of    ,    ,  and  , reviewed Petitioner's allegations of error and injustice on 22 February 2018 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 ofthe enclosures, relevant portions ofnaval 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 active duty with the Navy in January 2011. He was determined to be unfit for continued naval service by the Physical Evaluation Board (PEB) on 7 August 2015 for temporal lobe epilepsy with migraine without aura as a related diagnosis. Based on his 80% disability rating, he was placed on the TDRL effective 29 December 2015. 

	c. Petitioner was seen for his Periodic TDRL examination on 5 May 2017. Based on this report, the PEB found that Petitioner remained unfit for continued naval service due to his disability conditions but lowered his disability rating to 20%. Petitioner was notified by mail of the PEB findings on 25 September 2017 and responded with a request for a formal hearing prior to the PEB decision to finalize his case. 

	d. Petitioner was removed from the TDRL on 8 November 2017 despite electing a formal hearing. The PEB provided a memorandum for the record dated 13 February 2018 that substantiates Petitioner was erroneously removed from the TDRL. 

CONCLUSION

Upon review and consideration of all the evidence of record, the Board finds the existence of an 
injustice warranting the following corrective action. 

Based on the erroneous removal of Petitioner from the TDRL before a decision could be made on whether a formal hearing should be granted, the Board concluded Petitioner should be reinstated to the TDRL in order for the PEB to properly adjudicate his case. 

RECOMMENDATION 

That Petitioner's naval record be corrected, where appropriate, to show that: 

4. Petitioner was not removed from the TDRL on  November 2017 and he filed his election to 
request a formal hearing to not accept the PEB findings within the allotted time period 
authorized by regulation. 

A copy of this Report of Proceedings will be filed in Petitioner's naval record. 

5. Pursuant to the delegation of authority set Section of the revised Procedures ofthe 
Board for Correction of Naval Records (32 C 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 ofreference (a), has been approved by the Board on 
behalfofthe Secretary ofthe Navy. 

Executive Director