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

Docket No: 9141-18 
Ref: Signature Date 

From: Chairman, Board for Correction of Naval Records 
To: Secretary of the Navy 

Subj: REVIEW OF NAVAL RECORD ICO  
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 of reference (a) Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to reinstate him to the Temporary Disability Retirement List (TDRL), transfer him to the 
Permanent Disability Retirement List (TDRL), and award him back pay for lost Combat Related 
Special Compensation (CRSC). 

2. The Board, consisting of , reviewed Petitioner’s 
allegations of error and injustice on 28 February 2019 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 in June 1984 and completed his enlistment 
obligation in April 1988. He reenlisted in the Navy Reserve in November 1999 and served until 
his placement on the TDRL in May 2013 for Post-Traumatic Stress Disorder (PTSD) and 
Depressive Disorder. In 2014, Petitioner moved from his original address but failed to provide a 
forwarding address to the Physical Evaluation Board (PEB) or Navy. As a result, he failed to 
attend his periodic TDRL examination and was eventually administratively removed by the PEB 
in 2018. Petitioner provided evidence he continues to be treated weekly for his mental health 
conditions. 

c. The Board concluded the PEB committed no error in administratively removing Petitioner 
for failing to adhere to TDRL requirements, including attending a periodic examination. 
However, they concluded an injustice exists in Petitioner’s record based on his current mental 
health condition and the likelihood his mental health condition contributed to his failure to 
update his mailing address. In their opinion, due to fact his administrative removal from the 
TDRL was relatively recent, the Board felt the interests of justice support placing Petitioner back on the TDRL in order to allow him an opportunity to attend a final periodic TDRL examination 
and have the PEB to issue a final adjudication in his case. 

Regarding Petitioner’s request for placement on the PDRL, the Board concluded it lacked the 
evidence to support such a finding. While it is apparent Petitioner may be still symptomatic for 
PTSD and Depressive Disorder, the Board felt it more appropriate to allow the PEB to make the 
determination based on a more recent periodic examination. The Board also concluded it was 
inappropriate to grant CRSC back payments based on the finding that Petitioner was properly 
removed from the TDRL and, therefore, statutorily ineligible for CRSC payments as of the date 
of his removal. 

CONCLUSION 

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

RECOMMENDATION 

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

Petitioner was reinstated to the Temporary Disability Retirement List effective the date of this 
letter. The sole purpose of his reinstatement is so he may undergo a physical examination and 
have the Physical Evaluation Board make a final determination of his disability status in 
accordance with Title 10, U.S. Code, Section 1210. 

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

4. 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 Regulations, Section 723.6(e)) and 
having assured compliance with its provisions, 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. 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. 

3/4/2019 

 
Executive Director