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

Docket No. 7516-15 HAY 2 0 2016 

Dear 

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 22 January 2003 and placed on the Temporary Disability Retirement List (TDRL) . On 1 September 2004, you were requested to report for a periodic medical examination. No other TDRL records were available to the Board. The Board carefully considered your arguments that you deserve to be placed on the Permanent Disability Retirement List and back pay from your removal from the TDRL. You allege that you were wrongfully removed ·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 at the conclusion of the statutory five-year period. 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 r egretted that the circumstances of your case are such that favorable action cannot be taken. You are entitled to have the Board reconsider its decision upon submissi on of new evidence within one year from t he date of the Board's decisi on . New evidence is evidence not previ ously considered by t he Board prior to making its decision in this case. 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, 


Executive Director