From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:   REVIEW OF  
  
 
Ref:   (a) 10 U.S.C. § 1552 
 
Encl:  (1) DD Form 149 w/attachments 
 
1.  Pursuant to the provisions of the reference, Subject, hereinafter referred to as Petitioner, filed enclosure (1) with the Board for Correction of Naval Records (Board), requesting that his naval record be corrected to reschedule his final periodic Temporary Disability Retirement List (TDRL) examination. 
                                              
2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 9 April 2020 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 Petitioner’s 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 regulation within the Department of the Navy. 
 
     b.  Petitioner entered active-duty service in the Navy in July 2007.  He was found unfit for continued naval service by the Physical Evaluation Board (PEB) on 18 March 2014 for chronic post-traumatic stress disorder (PTSD) and assigned a 70% disability rating.  Pursuant to the PEB’s findings, Petitioner was transferred to the TDRL on 28 May 2014. 
 
     c.  On 3 April 2019, the Navy Personnel Command notified Petitioner of his final periodic TDRL examination.  He was ordered to schedule an appointment within 30 days but failed to do so.  As a result, he was not able to receive a final PEB adjudication.  Petitioner is currently rated 100% by the Department of Veterans Affairs for a number of conditions, including PTSD. 
                                     
CONCLUSION 
 
Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice warranting relief.  Specifically, the Board determined that no error was committed by 
the Navy Personnel Command ns not rescheduling Petitioner’s final periodic examination, since Petitioner failed to schedule his original examination as ordered.  However, the Board also determined that an injustice exists in Petitioner’s record that should be addressed by allowing him another opportunity to attend a final periodic examination so the PEB may issue a final adjudication in his case.  The Board determined that denying Petitioner the potential for retirement benefits due to his lack of diligence would perpetuate an injustice, since Petitioner submitted his request to be allowed to attend a final examination in a reasonable time.  In making its findings, the Board also considered Petitioner’s disability condition and how it may have impacted his ability to exercise due diligence.   
 
RECOMMENDATION 
 
In view of the above, the Board directs the following corrective action. 
 
If Petitioner was administratively removed from the TDRL pending consideration of his application to this Board, he is ordered reinstated effective the date of this letter.  Petitioner will be authorized 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.  All due process rights associated with the Disability Evaluation System will be afforded to the Petitioner as part of the Physical Evaluation Board review.   
 
4.  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. 
 
5.  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 hereby announced that the foregoing corrective action, taken under the authority of the reference, has been approved by the Board on behalf of the Secretary of the Navy.