Dear   
 
This is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552.  After careful and conscientious consideration of the entire record, the Board for Correction of Naval Records (Board) found the evidence submitted was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied. 
 
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 October 2019.  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 you enlisted in the Navy Reserve in May 2006.  You were mobilized twice in support of ongoing operations in 2009-2012.  At the conclusion of your second mobilization on 20 June 2012, you were issued a DD Form 214 reflecting your completion of required active service.  Subsequent to your release from active duty, the Physical Evaluation Board (PEB) found you unfit for continued naval service and placed you on the Temporary Disability Retirement List (TDRL).  On 20 March 2018, the PEB lowered your assigned disability rating to 10% resulting your discharge from the Navy Reserve on 22 March 2018.   
 
The Board carefully considered your arguments that your 2012 DD Form 214 should be changed to reflect your discharge from the Navy Reserve in 2018 due to disability.  You assert you require a change to qualify for greater educational benefits.  Unfortunately, the Board disagreed with your rationale for relief.  First, the Board determined that your 2012 DD Form 214 is correct and properly reflects your period of active duty from 15 April 2011 through 20 June 2012.  Since you were released from active duty at the completion of your required active service and not due to a disability condition, the Board concluded it would be inappropriate to change your DD Form 214.  The Board considered whether your inability to obtain 100% educational benefits creates a sufficient injustice to merit a change and found it did not.  The Board did not find the circumstances of your case unique since many Reservists are similarly not issued a DD Form 214 when processed through the Integrated Disability Evaluation System while in a non-active duty status.  Second, the Board also considered whether it would be appropriate to issue you a new DD Form 214 to reflect your release from the TDRL.  The Board concluded to do so would violate BUPERSINST 1900.8 series that specifically states personnel removed from the TDRL are not eligible for a DD Form 214.  Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your record. 
 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issue(s) involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
It is regretted that the circumstances of your case are such that favorable action cannot be taken.  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.