DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
 
Docket No. 2071-16 
JAN 17 2017 

Dear 

This is in reference to your application for correction of your naval record pursuant to the provisions of 10 USC 1552. 

A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 November 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 ofyour record shows you were found unfit for continued naval service by the Physical Evaluation Board (PEB) due to Irritable Bowel Syndrome (IBS) on 28 February 2012. Subsequently, you were placed on the Temporary Disability Retirement List (TDRL) on 27 April 2012. On 29 April 2015, you were seen for your periodic TDRL examination that led to a finding by the PEB that your IBS condition warranted a l0% disability rating. The findings of the PEB were mailed to you via certified mail and a notice ofcertified mail was delivered to your address on 15 October 2015. On 19 November 2015, the PEB's letter was returned by the U.S. Postal Service (USPS) after you failed to pick it up. As a result, you were discharged on 4 February 2016 in according with the PEB's findings. 

The Board carefully considered your arguments that you deserve to be reinstated to the TDRL because your case was finalized due to communication errors. Unfortunately, the Board disagreed with your rationale for relief. The Board did not find persuasive your argument that you were removed erroneously from the TDRL due to errors in communications. The record shows that the PEB attempted to notify you oftheir findings by mailing a letter to your home of record via certified mail. The fact you failed to retrieve the letter for approximately 30 days after a notice was left by USPS convinced the Board that you failed to exercise due diligence in exercising your due process rights and you were properly removed from the TDRL in accordance with applicable regulations. 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 ofthe members of the panel will be furnished upon request. 

It is regretted that the circumstances ofyour 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 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 ofprobable material error or injustice. 

Sincerely, 


Executive Director