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 relevant portions of your naval record and your application, 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 that it was not 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, sitting in executive session, considered your application on 1 October 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 that you entered active duty with the Navy in May 1986 and served until your transfer to the Temporary Disability Retirement List (TDRL) on 20 July 1987 due to your Schizophrenia condition.  You were removed from the TDRL in 1992 after failing to attend a final periodic examination that would have allowed the Physical Evaluation Board (PEB) to conduct a final adjudication in your case.  You argue that the statute of limitations should be waived since you were unaware that your retirement status was temporary and you only discovered your removal from the TDRL in 2019 after your TRICARE medical insurance was cancelled.  
 
Unfortunately, the Board disagreed with your rationale for waiving the statute of limitations in your case.  The Board was not persuaded by your arguments since your TDRL retirement pay was stopped in 1992, 27 years prior to when you allege you first became aware of your removal from the TDRL.  In the Board’s opinion, a stoppage of retirement pay was sufficient notice to notify you that your retirement status had changed and required action.  Further, the Board considered that the PEB would be unable to adequately assess your mental health status from 27 years ago to accurately assign you a disability rating for your condition.  These two factors led the Board to apply the statute of limitations in your case and deny your application.  
 
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.