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

Docket No: 11120-18  
Ref: Signature Date  

From:  Chairman, Board for Correction of Naval Records  
To:    Secretary of the Navy  

Ref: (a) Title 10 U.S.C. 1552 

Encl:(1) DD Form 149 w/attachments 

1. Pursuant to the provisions of reference (a) Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to reinstate her on the Temporary Disability Retirement List (TDRL) in order to allow her to be evaluated for a final Physical Evaluation Board (PEB) adjudication. 

2. The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 27 June 2019 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record.  Documentary material considered by the Board consisted of the enclosures, relevant portions of 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 entered active duty with the Navy in June 2008 and served until her placement on the TDRL effective  December 2012 with a 30% rating.  Petitioner asserts that she attempted to update her address with the PEB by changing her address through DEERS but was eventually removed from the TDRL for failing to attend her final periodic examination prior to the expiration of the statutory TDRL period before a final PEB adjudication was required.  Petitioner provided an email from a Veteran Service Officer indicating she attempted to update her address without success. 

CONCLUSION 

Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice warranting relief.  Specifically, the Board determined that Petitioner should be afforded one last opportunity to attend a periodic examination that could be reviewed by the PEB in making a final adjudication in her case.  While the Board found no error with the Navy’s decision to disenroll Petitioner from the TDRL for failing to properly update her address, they concluded that to deny her the opportunity to be considered for lifetime disability benefits due to her lack of due diligence in updating her mailing address would perpetuate an injustice that currently exists in her record.  Therefore, they determined she should be reinstated to the TDRL to allow her to attend a final periodic examination so the PEB can issue a final adjudication in her case. 

RECOMMENDATION 

In view of the above, the Board directs the following corrective action. 

Petitioner’s naval record be corrected by reinstating Petitioner to the Temporary Disability Retirement List effective the date of this letter.  The sole purpose of her reinstatement is so she may undergo a physical examination and have the Physical Evaluation Board make a final determination of her disability status in accordance with Title 10, U.S. Code, Section 1210.                                                  

4. It is certified that a quorum was present at the Board’s review and deliberations, and that the foregoing is a true and complete record of the Board’s proceedings in the above entitled matter. 

5. Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulation, 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 of the Navy.