DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204:2490 
Docket No. 7631-15 

KAY 2 0 201& 

Dear 

This is in reference to your application for correction of your naval record pursuant to the provisions of 10 use 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 29 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 placed on the Temporary Disability Retirement List (TDRL) effective 30 April 1999 and issued a DD Form 214 reflecting that date. Subsequently, your disability was determined to be permanent resulting in your transfer to the Permanent Disability Retirement List (PDRL) on 1 Jan 2003. 

The Board carefully considered your arguments that your DD Form 214 needs to be corrected to reflect the date of your transfer to the PDRL. Unfortunately, the Board disagreed with your rationale for relief. Marine Corps regulations require the issuance of a DD Form 214 to service members at the time their transfer, release or discharge, and change in status or component while on active duty. The form is designed to record their active service with the Marine Corps. You were transferred to the TDRL on 30 April 1999 and no longer on active duty from that date forward. Your transfer to the PDRL did not result in your recall to active duty prior to your transfer. Therefore the Board determined your DD Form 214 accurately records your active duty service in the Marine Corps and requires no change. 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 ci rcumstances of your case are such that favorable action cannot be taken. You are entitled to have the Board reconsider its decision upon submission of new evidence within one year from the date of the Board' s decision. New evidence is evidence not previously considered by the Board prior to making its decision in this case. In this regard, it is important t o keep in mind that a presumption of regularity attaches to all official records. Consequently, when applying for a correction of an official naval r ecord, the burden is on the applicant to demonstrate the existence of probable material error or injustice. 
Sincerely, 

Execut ive Director 
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