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. 
 
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 for Correction of Naval Records, sitting in executive session, considered your application on 12 December 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 that you entered active duty with the Marine Corps Reserve in January 2000.  You were referred by a medical board to the Physical Evaluation Board (PEB) for asthma on 1 March 2001.  The PEB found you unfit for continued naval service for asthma on 1 June 2001 and assigned you a 30% disability rating.  You were placed on the Temporary Disability Retirement List (TDRL) pursuant to the PEB findings on 17 September 2001.  On 6 December 2005, you were ordered to a final TDRL periodic examination.  A final TDRL examination report dated 24 January 2006 documented that you continued to suffer from mild asthma but showed pulmonary functions tests and x-rays were normal.  The report also documented that you were able to roller-blade and surf despite your asthma condition.  Based on the TDRL report, the PEB found you unfit for continued naval service on 7 February 2006 but lowered your disability rating to 0%.  Your PEB case was finalized on 27 February 2006 after certified mail reporting your findings was returned by the U.S. Postal Service due to a vacant address.  On 11 February 2019, Headquarters, U.S. Marine Corps (HQMC) erroneously reported in a letter to a member of Congress that you were administratively removed from the TDRL for failing to attend your final periodic TDRL examination.   

The Board carefully considered your arguments that you deserve to be returned to the disability retirement list.  You assert that you continue to suffer from asthma and would have been placed on the permanent disability retirement list had you been provided the opportunity to attend your final TDRL examination.  Unfortunately, the Board disagreed with your rationale for relief.  First, the Board found the 11 February 2019 HQMC letter to Representative Scott contained erroneous information not supported by your PEB record.  Despite HQMC’s contention that you were administratively removed from the TDRL for failing to attend your final TDRL examination, the Board found evidence that you attended your final TDRL examination and were adjudicated by the PEB based on the final TDRL examination report of 24 January 2006.  Therefore, the Board found that you were not administratively removed from the TDRL based on failing to attend your final TDRL examination.  Second, based on the final TDRL examination report, the Board determined that the preponderance of the evidence supports a finding that you were properly discharged with severance pay based on the PEB’s determination that your disability rating for your asthma was 0%.  The Board relied on the 24 January 2006 TDRL report which showed normal pulmonary functions tests and x-rays along with evidence you were able to perform strenuous physical exercise such as roller-blading and surfing.  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.   
 
            Sincerely,