ear ,  
 
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, sitting in executive session, considered your application on 26 March 2020.  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 entered active-duty service with the Marine Corps in July 2012.  After a motor vehicle accident, you were referred to the Physical Evaluation Board (PEB) by a medical board in April 2014 for post-concussive syndrome.  On 7 November 2014, the PEB found you unfit for continued naval service due to your post-concussive syndrome and placed you on the Temporary Disability Retirement List (TDRL) with a 40% disability rating.  After a 2017 periodic TDRL examination, the PEB found you unfit for your condition but lowered your disability rating to 10%.  You requested reconsideration of the PEB’s decision on 21 September 2017, and the PEB affirmed its findings on 5 October 2017.  As a result, you requested a formal hearing and were notified of a 8 November 2017 hearing on 12 October 2017.  However, you accepted the PEB’s findings on 3 November 2017, resulting in your removal from the TDRL on 31 December 2017 and payment of severance pay. 
 
The Board carefully considered your arguments that you deserve to be reinstated to the disability retirement list.  You assert that you were never informed of the PEB’s decision to remove you from the TDRL.  Unfortunately, however, the Board disagreed with your rationale for relief.  The Board determined that the preponderance of the evidence shows you were afforded the due process required by the disability regulations.  Based on the evidence in your record, you were informed of the PEB’s decision to lower your disability rating to 10%, and, eventually, you elected to accept the findings in lieu of the formal hearing scheduled for 8 November 2017.  Based on this documentary evidence, the Board concluded that you were aware of the PEB’s findings in your case and agreed to be separated with severance pay.  Absent evidence that the PEB’s findings were erroneous, the Board determined there was 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 issues 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.