DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 3108-21 Ref: Signature Date Dear This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code. 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 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 it 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 27 May 2021. 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 Marine Corps in March 1999. After being found unfit for continued naval service by the Physical Evaluation Board (PEB) in March 2011, you were released from active duty on 29 June 2011 and transferred to the Temporary Disability Retirement List (TDRL). Upon your release from active duty, you were issued a DD Form 214 that reflects your transfer to the TDRL. On 21 June 2013, the PEB recommended your transfer to the Permanent Disability Retirement List (PDRL). You were subsequently transferred to the PDRL from the TDRL without the issuance of a new DD Form 214. The Board carefully considered your arguments that you deserve a new DD Form 214 to reflect your transfer to the PDRL. You assert that the new DD Form 214 would assist you with different agencies in properly identifying your retirement status. Unfortunately, the Board disagreed with your rationale for relief. MCO 1900.16 does not authorized the issuance of a new DD Form 214 to retired personnel who are removed from the TDRL since a DD Form 214 is designed to provide service members with a “brief, clear-cut record of their term of active duty with the Marine Corps at the time of their transfer, release or discharge, and change in status or component while remaining on active duty.” It only allows for the issuance of a DD Form 214 for release from active service, release from a Period of Active Duty for Training of 90 days or more, or continuation of active duty status or component changes under specific circumstances. Since your time on the TDRL does not meet the requirements of MCO 1900.16 for issuance of a DD Form 214, the Board concluded that the issuance of a new DD Form 214 to reflect your period on the TDRL was not required. Additionally, the Board considered whether a new DD Form 214 should be issued as a matter of injustice and, similarly, determined one was not required since you have alternative means to document that you are currently on the PDRL. Accordingly, the Board concluded insufficient evidence of error or injustice exists to warrant a change to your record. 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. Sincerely, 5/29/2021 Deputy Director