From:   Chairman, Board for Correction of Naval Records 
To:       Secretary of the Navy 
 
Subj:    REVIEW OF NAVAL RECORD ICO   
 
Ref:     (a) Title 10 U.S.C. 1552 
 
Encl:   (1) DD Form 149  
 
1.  Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with the Board for Correction of Naval Records (Board), requesting that Petitioner’s naval record be corrected to reinstate him to the Temporary Disability Retirement List (TDRL) or place him on the Permanent Disability Retirement List (PDRL).   
                                              
2.  The Board, consisting of , reviewed Petitioner's allegations of error and injustice on 19 November 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 the 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 regulations within the Department of the Navy.   
 
     b.  Petitioner entered active duty with the Marine Corps in March 2006.  He served two combat tours in  and  before being diagnosed with Post-Traumatic Stress Disorder (PTSD).  As a result, a medical board referred Petitioner to the Physical Evaluation Board (PEB) for his PTSD in March 2014.  In July 2014, the PEB found Petitioner unfit for continued naval service for his PTSD and assigned him a 70% disability rating resulting in his transfer to the TDRL on 30 September 2014. 
 
     c.  Petitioner underwent two separate TDRL periodic examinations in 2016 and 2017 before he was retained on the TDRL by the PEB.  It appears the PEB erroneously sent Petitioner a letter in October 2017 informing him he was transferred to the PDRL before sending him a corrected findings letter.  However, Petitioner subsequently changed his address without informing the PEB and was administratively removed from the TDRL in 2019 for failing to attend his final TDRL examination.   
                                     
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 PEB in administratively removing Petitioner from the TDRL since it was his responsibility to maintain a current address with the PEB in order to receive TDRL related correspondence.  However, the Board also determined an injustice exists in Petitioner’s record that should be addressed by reinstating him to the TDRL to allow him another opportunity to attend a final periodic examination so the PEB may issue a final adjudication in his case.  The Board felt denying Petitioner the potential for retirement benefits due to his lack of diligence would perpetuate an injustice since Petitioner submitted his request to be reinstated to the TDRL in a reasonable time.  In making their findings, the Board also considered the Petitioner’s disability condition and how it may have impacted his ability to exercise due diligence with regard to maintaining a current address with the Navy.   
 
RECOMMENDATION 
 
In view of the above, the Board directs the following corrective action. 
 
Petitioner was reinstated to the Temporary Disability Retirement List effective the date of this letter.  The sole purpose of his reinstatement is so he may undergo 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 Regulation, 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 reference (a), has been approved by the Board on behalf of the Secretary of the Navy.