DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
 
Docket No. 372-18 
AUG 0 5 2018 

Dear 

This is in reference to your application for correction ofyour naval record pursuant to the 
provisions of IO USC 1552. After careful and conscientious consideration ofthe entire record, 
the Board found the evidence submitted was insufficient to establish the existence ofprobable 
material error or injustice. Consequently, your application has been denied. 

A three-member panel ofthe Board for Correction ofNaval Records, sitting in executive session, 
considered your application on 7 June·201s. The names and votes of the members of the panel 
will be furnished upon request. 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, relevant portions of your naval record and 
applicable statutes, regulations and policies. 

A review ofyour record shows you entered active duty with the Navy in December 2010. On 15 
June 2015, a medical board diagnosed you with an adjustment disorder with depressed mood and 
referred you to the Physical Evaluation Board (PEB). On 9 September 2015, the PEB found you 
unfit for continued naval service due to your adjustment disorder and recommended your 
placement on the Temporary Disability Retirement List (TDRL). You were placed on the TDRL 
effective 29 December 2015. You underwent a TDRL periodic examination on 19 May 2017 
that revealed you were employed as a elementary school teacher and pursuing a Master's 
Degree. Based on the TDRL periodic report, the PEB determined your adjustment disorder 
condition should be rated at 10% on 11 September 2017. The PEB findings were mailed to your 
via certified mail with an attempted delivery on 18 September 2017. Ultimately, the PEB 
findings were returned as undeliverable to the PEB on 5 October 2017. You PEB findings were 
finalized on 30 October 2017 and you were recommended to be discharged with severance pay. 

The Board carefully considered your arguments that you should be placed on the Permanent 
Disability Retirement List until final disposition ofyour case. You assert an error exists in your 
PEB record since you didn't received the PEB findings in your case prior to it being finalized. 
Unfortunately, the Board disagreed with your rationale for relief. The Board concluded that no 
error exists in your case. Disability regulations require the PEB to send its findings to 

Servicemembers at the last address provided. U.S. Postal Service records show the PEB sent its 
findings in your case to the proper address and a notice ofattempted deliver ofcertified mail was 
left at your residence. The Board found that the PEB followed applicable regulations in 
attempting to notify you ofits findings and provided you the required time to respond prior to 
finalizing your case. Absent evidence that you were not provided the due process required by 
the disability regulations, the Board felt it inappropriate to change your PEB record. 

It is regretted that the circumstances of your 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 of an official naval record; the 
burden is on the applicant to demonstrate the existence of probable material error or injustice. 

Sincerely,