DEPARTMENT OF THE NAVY 

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

Docket No. 615-16 

OCT l7 2016 

Dear , 

This is in reference to your application for correction ofyour 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 ofNaval Records, sitting in executive session, considered your 

application on 29 September 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 ofyour application, together 
with all material submitted in support thereof, your naval record and applicable statutes, 
regulations and policies. 

A review ofyour record shows that you were placed on the Temporary Disability Retirement 
List (TDRL) on 9 May 1990 due to Diabetes Mellitus. On 14 July 1992, the Physical Evaluation 
Board (PEB) reduced your disability rating to 20% resulting in your removal from the TDRL and 
discharge with severance pay. 

The Board carefully considered your arguments that you should be placed on the Permanent 
Disability Retirement List (PDRL). You assert that you were told that you would be placed on 
the PDRL by the physician who performed your periodic examination. Additionally, you argue 
that you should be advanced to the next paygrade since you passed the examination and were 
frocked. Unfortunately, the Board disagreed with your rationale for relief. First, there was no 
evidence in your record that you were advanced to the next paygrade prior to your placement on 
the TDRL. Second, there was no evidence that you were improperly removed from the TDRL. 

You provided no evidence to support your contention that the PEB wrongfully rated your 
Diabetes Mellitus condition. Absent evidence to the contrary, the Board relied upon the 
presumption ofregularity to affirm the decision of the PEB. The Board relies on a presumption 
ofregularity to support the official actions ofNavy personnel and, in the absence of substantial 
evidence to the contrary, will presume that they have properly discharged their official duties. 
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. 

In regard to your request for a personal appearance, be advised that the Board regulations state 
personal appearances before the Board are not granted as a right, but only when the Board 
determines that such an appearance will serve some useful purpose. In your case, the Board 
determined that a personal appearance was not necessary and considered your case based on the 
evidence ofthe record. 

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 ofnew evidence 
within one year from the date ofthe 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