DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 
Docket No. 7150-15 
· HAY 2 0 2016 


This is in reference to your application for correction of your naval record pursuant to the provisions of 10 use 1552. Your case was reconsidered in accordance with procedur es that conform to Lipsman v. Secretary of the Army, 335 F. Supp. 2d 48 (D.D.C. 2004). You were previousl y denied relief by this Board on 27 March 2014. 

A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 
15 April 2016. Your allegat i ons of error and i njustice were reviewed in accordance with administrat ive regulat ions 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, your naval record and applicable statutes, regulations and policies. However, after careful and conscientious consideration of the entire record, the Board concluded your case does not warrant reli ef. Accordingly, your request has been denied. The names and votes of the members of the panel will be furnished upon request. 

The Board carefully considered your arguments that you deserve to be placed on the Permanent Disability Retirement List because you were unable to schedule a periodic medical examination while you were on the Temporary Disability Retirement List · (TDRL). This is the same argument you presented to this Board in your previous application. Unfortunately, the Board again found no evidence to support your contention that you were unable t o schedule a TDRL periodic examination during the five years you were on the l i st. Without any evidence to corroborate your allegation, the Board relied upon the presumption of regularity of records that you were properly removed from the TDRL for non-compliance of its regulat i ons. Therefore, the Board determined no error or injustice exists in your case. 

It is regrettable that the circumstances of your case are such that the Board will not process any additional reviews and this matter is considered a final action. However , if you wish to continue to seek relief you will need to present your concerns to a federal court of appropriate jurisdiction. 

Sincerely, 

Executive Director 
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