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 w/attachments 
 
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 grant him a final adjudication in his disability case.    
                                              
2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 10 December 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 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 Navy in November 2010.  He was referred to the Physical Evaluation Board (PEB) by a medical board on 28 March 2013 for Bipolar Disorder.  The PEB found him unfit and assigned him a 70% disability rating resulting in his placement on the Temporary Disability Retirement List (TDRL) in 2013.  Petitioner was subsequently administratively removed from the TDRL after failing to attend his final periodic examination.  Petitioner states he failed to update his address with the Navy. 
                                     
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 Navy 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.