DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
RJO 

Docket No. 7509-15 HAY 2 0 2016 



This is in reference to your application for correction of your naval record pursuant to the provisions of 10 USC 1552. 
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 for Correction of Naval Records, sitting in executive session, considered your application on 22 April 2016. 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, your naval record and applicable statutes, regulations and policies. 

A review of your record shows that you were found unfit for continued naval service by the Physical Evaluation Board on 11 August 2005 and placed on the Temporary Disability Retirement List (TDRL) . On 28 February 2011, PERS 835 requested your administrative removal from the TDRL due to non-compliance with TDRL regulations to obtain a periodic medical examination. On 9 March 2011, the PEB ordered your removal from the TDRL which resulted in your discharge on 23 October 2011. 
The Board carefully considered your arguments that you deserve to be placed on the Permanent Disability Retirement List. You allege that you never received your TDRL benefits, notices for periodic examinations, or notice of your removal from the TDRL. Unfortunately, the Board did not find evidence to support relief in your case. There was no evidence in your record or with your application to indicate that the Navy failed to follow regulations in processing your case. Absent such evidence, the Board applied the presumption of regularity of records and determined you were properly removed from the TDRL. The Board was hampered by the lack of evidence with your application to support your request for relief. Accordingly, the Board was unable to find an error or injustice warranting a correction to your record and denied your application. The names and votes of the members of the panel will be furnished upon request. 

It is regretted that the circumstances of your case are such that favorable action cannot be t aken. You are entitl ed to have the Board reconsider its decision upon submission of new evidence within one year from the date of t he Board's decision. New evidence is evidence not previously considered by the Board prior to making its decision in t his case. In this regard, it is important to keep in mind that a presumption of r egularity 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, 


Executive Director