DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 289-16 SEP 26 2016 From: Chairman, Board for Correction ofNaval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD ICO Ref: (a) Title 10 U.S.C. 1552 Encl: (1) DD Form 149 w/attachments (2) Subject's naval record 1. Pursuant to the provisions ofreference (a) Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to show that he was placed back on the Temporary Disability Retirement List (TDRL). 2. The Board, consisting of , and , reviewed Petitioner's allegations oferror and injustice on 1 September 2016 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence ofrecord. Documentary material considered by the Board consisted of the enclosures, naval records, and applicable statutes, regulations and policies. 3. The Board, having reviewed all the facts of record pertaining to Petitioner's allegations of error and injustice, finds as follows: a. Before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulations within the Department of the Navy. b. Petitioner was placed on the TDRL on 30 October 2009 and attended his 18 month and 36 month periodic examinations while on the TDRL. As Petitioner was notified ofhis final periodic examination, he communicated with the c. physician responsible for his examination and reached an agreement that he did not have to physically attend his examination as long as sufficient medical documentation was provided by the Petitioner for the physician to properly evaluate his medical status. So Petitioner provided copies of his medical record via email to the point ofcontact handling his case at and received responses that his case was progressing. He continued to exchange emails with the point of contact throughout 2014 but was eventually recommended for removal from the TDRL by MMSR-4 after reaching his 5-year anniversary. d. In October 2014, Petitioner was administratively removed from the TDRL by the Physical Evaluation Board for failure to complete his final period examination. e. A personal appearance ofthe Petitioner before the Board was unnecessary as the Board had sufficient evidence to make a decision in the case without the Petitioner's presence. CONCLUSION Upon review and consideration ofall the evidence of record, the Board finds the existence ofan injustice warranting the following corrective action. The Board concluded that the Petitioner provided sufficient evidence that shows his due diligence to meet the requirements of the TDRL regulations. Evidence provided by Petitioner shows that he reasonably thought his actions were sufficient in completing his final periodic TDRL examination prior to reaching his five-year anniversary on the TDRL. The Board determined that the mitigation evidence ofemail communications provided by the Petitioner was sufficient to grant relief in this case. The Board felt that the Petitioner should be placed back on the TDRL for the sole purpose of having Petitioner medically evaluated so the Physical Evaluation Board can adjudicate whether Petitioner should be placed on the PDRL or discharged. RECOMMENDATION: That Petitioner's naval record be corrected, where appropriate, to show that: a. Petitioner be reinstated to the TDRL effective the date ofthis letter to allow for a final period examination and Physical Evaluation Board decision on his disability. b. A copy ofthis Report of Proceedings will be filed in Petitioner's naval record. 4. It is certified that quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record ofthe B the above entitled matter. 5. Pursuant to the delegation ofauthority set o in Se ( e) ofthe revised Procedures of the Board for Correction ofNaval Records (32 Code ofFederal Regulations, Section 723.6(e)) and having assured compliance with its provisions, it is hereby announced that the foregoing corrective action, taken under the authority of reference (a), has been approved by the Board on behalf of the Secretary ofthe Navy.