DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTIOl\OF NAVAJ_ RECORDS 701 S. COURTHOUSE ROAD. SUITE 1001 ARLINGTON, VA 22204-2490 
RJO Docket No: 8 Apr 16  6603-15  
From: To:  Chairman, Board for Correction of Naval Records Secretary of the Navy  


Ref: (a) Title 10 u.s.c. 1552 
Encl: (1) DD Form 149 w/attachments 
(2) Subject's naval record 

1. Pursuant to the provisions of reference (a) Subject, hereinafter referred to a s Pet itioner, filed encl osure (1) with this Board · requesti ng, in effect , that the applicable naval record be corrected t'o grant a final Temporary Disability Retirement Li st (TDRL) periodic examination. 

~reviewed Petitioner's allegations of error and injustice on B April 2016 and, pursuant t o its r egulations, determi ned that the corrective action indicated below should be taken on the available evidence of record. Documentary mat erial considered by the Board consist ed of t he encl osures, 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 inj ustice, 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. Pet itioner was placed on the TDRL on 16 Februar y 1990. He 
was administratively removed from the TDRL on 15 June 1995 after 
failing to .report for a final examinat ion. 


c . Petitioner claims he wa's t old he was unable to be seen for a final TDRL examination due to over crowding. 


CONCLUSION 
Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice warranting the following corrective act ion. 
The Board concluded that Petitioner's claim of being denied a final TDRL periodic examination was credible. In light of this injustice,  the Board concluded that Petitioner is warranted a final TDRL.. periodi c examination. RECOMMENDATION: That Petitioner's naval record be corrected, where appropriate, to show that: 
a : Petitioner is reinstated to the TDRL for the purpose of conducting a final periodic examination. Consistent with 10 u.s.c. 1201 (h), no entitlements to disability retirement pay will accrue since Petitioner is past the five-year statutory period from when his name was placed on the TDRL. 

b. A copy of thi s 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 · lete record of t he Board's proceedings in the above e 

5. Pursuant to the delegation of authori ection 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 t hat 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. 
MAY 2 0 2016 
. . .. . .
' ~ 
Executive Director 
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