DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 
Docket No: 1 Apr 16  6376-15  
From: To:  Chairman,, Board for Correction of Naval Records Secretary of the Navy  


Ref : {a) Title 10 U.S.C. 1552 
Encl: {l) DD Form 149 w/attachments 
(2) Subject's naval record 
1. Pursuant t o the provisions of reference {a) subject, hereinafter referred to as Petitioner, filed enclosure. (1) with this Board requesting, in effect, that the applicable naval record be corrected to place him on the Permanent Disability Retirement List (PDRL) . 

r eviewed Petitioner's allegations of error and injustice on ·1 April 2016 and, pursuant to its regulations, determined that the corrective action indicated below· should be taken on the available eviden.ce of record. Documentary material considered by the Board consisted of the enclosures, 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 t.o this Board, Petitioner exhausted all admini strative remedies available under existing .law and regulations within the Department of the .Navy. 

b. Petitioner was placed on the Temporary Disability Retirement List (TDRL) on 15 August 2005 due to sever~ injuries resulting from an Improv ised ~xplosive Device blast. 

c. .Petitioner was removed from the TDRL after the statutory five-year period expired. The exact date of his removal from the TDRL was unavailabie to the· Board from lack of Physical Evaluation Board records . 

d. Subsequent to the expiration of t he TDRL five-year statutory period, Commander, Navy Personnel Command (NPC) authorized two periodic TDRL examinations t o be conducted. Letters from NPC on 22 November 2010 and 8 December 2011 requested the Department of Veterans Affairs (VA) hospital treating the Petitioner to conduct the examinations. When these requests were unsuccessful in getting the Petitioner his final TDRL periodic review, he was informed to petition this Board. 

e. Petitioner posse·sses a combined 90% disability rating from the VA that includes a 90% disability rating for the ·loss of his left arm. 

CONCLUSI ON 
Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice warranting the following partial corrective action. 
The Board concluded that an injustice exists with Petitioner's record. Based on the seriousness of his residual injuries that originally placed him on the TDRL, the Board felt it was appropriate to place him back on the TDRL for the sole purpose of conducting a final TDRL examination to determine if placement on the PDRL is appropriate. 
Regarding Petitioner's request to be placed on the PDRL, the Board determined sufficient evidence did not exist to determine whether Petitioner should be placed on the PDRL. Accordingly, that aspect of his application was denied. However, the Board's decision to deny Petitioner's placement on the PDRL shall have no bearing on the PEB's review of his TDRL periodic examinati.on. 
Petitioner's requ~st for a personal appearance before the Board was also denied. The Board felt it had sufficient documentary evidence to make a deci~ion in Petitioner's case and his presence would not have made. a difference in their decisions. 

RECOMMENDATION: 
That Petitioner's naval record be corrected, where appropriate, to show that: 
a . Petitioner be reinstated to the TDRL for the purpose of completing his periodic medical r eview and allow for a PEB decision on his disability. 

b. A copy of this Report of Proceedings will be filed in Petitioner's naval record. 


4. It is certified that 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 del egation 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 aut hority of reference 
(a) , has been approved by the Board on behalf of the Secretary of the Navy. 

Executive Director ! 
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