DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 8360-16 MAY 01 2011 Dear This is in reference to your application for correction ofyour naval record pursuant to the provisions of 10 USC 1552. A three-member panel ofthe Board for Correction ofNaval Records, sitting in executive session, considered your application on 6 April 2017. Your allegations oferror and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings ofthis 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 entered active duty with the Navy in January 1986 and served for approximately four years prior to transferring to the Navy Reserve. You later served an additional period ofactive duty from 22 October 2001 through 11 June 2003 after which you were discharged at the completion ofyour required active service with a RE-RI reentry code. Later that year, you were determined to be unfit for continued naval service by the Physical Evaluation Board and placed on the Temporary Disability Retirement List (TDRL) effective 13 November 2003. You were transferred to the Permanent Disability Retirement List (PDRL) on I January 2007. On 21 October 2014, the Naval Discharge Review Board (NDRB) denied your request to modify your DD Form 214 to reflect your disability retirement. The Board carefully considered your arguments that your DD Form 214 needs to be changed to reflect your transfer to the disability retirement list. You assert that you are unable to get the Department of Veterans Affairs (VA) to award you full educational benefits without the change. Unfortunately, the Board disagreed with your rationale for relief. The Board examined your DD Form 214 and determined that it was issued in accordance with applicable regulations. The DD Form 214 is issued to report periods ofservice on active duty, active duty for training, full-time training duty, active duty for special work, certain periods terminated by a change ofstatus not concurrent with separation from active service, and release from a status that is legally determined to be void. The Board concluded your last DD Form 214 covered your period of active duty from 22 October 2001 through 11 June 2003 when you were released after completing your required active service. You were not placed on the TDRL while on active duty so changing the narrative reason for separation on your DD Form 214 would be inconsistent with service regulations and create an erroneous record ofyour active duty service. The fact the VA is refusing to accept your military disability documents in lieu ofa DD Form 214 did not persuade the Board to issue you an incorrect DD Form 214. 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 ofthe panel will be furnished upon request. The Board sympathized with your denial of educational benefits by the VA. It was their suggestion that you present this decision letter with your NDRB decision letter to your elected representative to address the issue of the VA's failure to accept your properly issued military disability documents in lieu ofa DD Form 214. It is regretted that the circumstances ofyour case are such that favorable action cannot be taken at this time. You are entitled to have the Board reconsider its decision upon the submission of new and material evidence. New evidence is evidence not previously considered by the Board. In this regard, it is important to keep in mind that a presumption ofregularity attaches to all official records. Consequently, when applying for a correction ofan official naval record, the burden is on the applicant to demonstrate the existence ofprobable material error or injustice. Sincerely, Executive Director