DEPARTMENT OF THE NAVY 

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


Docket No. 8813-18 
Ref: Signature Date 


Dear 
This is in reference to your application for correction of your naval record pursuant to the 
provisions of 10 USC 1552. After careful and conscientious consideration of the entire record, 
the Board found the evidence submitted was insufficient to establish the existence of probable 
material error or injustice. Consequently, your application has been denied. 

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 of Naval Records, sitting in executive session, considered your 
application on 11 April 2019. The names and votes of the members of the panel will be 
furnished upon request. 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 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 of your record shows that you entered active duty with the Navy in July 1969. You 
suffered a compound fracture to your right forefoot on 8 February 1971 which resulted in the 
amputation of two toes. As a result of your injuries, a medical board referred you to the Physical 
Evaluation Board (PEB) on 21 July 1971 for traumatic amputation of the second and third toes of 
right foot and chronic osteomyelitis of the right first metatarsal. On 30 July 1971, the PEB found 
you unfit for continued naval service and rated your unfitting conditions at 40%. You were 
placed on the Temporary Disability Retirement List (TDRL) on 30 September 1971 at paygrade 
E-3. On 1 January 1975, you were transferred to the Permanent Disability Retirement List 
(PDRL) at paygrade E-3. 

The Board carefully considered your arguments that your paygrade was incorrect when you were 
transferred to the TDRL and PDRL. Unfortunately, the Board could find no evidence to support 
relief in your case. Your record indicates your last advancement was to paygrade E-3 on 16 
April 1970. There is no evidence that you were advanced to paygrade E-4. Absent evidence that 
shows you were advanced to E-4, the Board determined it lacked evidence to support a finding 
of relief. Accordingly, the Board found insufficient evidence of error or injustice to warrant a 
change to your record. 

The Board also considered your request for a discharge certificate showing your Honorable 
discharge from active duty. The Board concluded you must first request the certificate from the 
Navy in order to exhaust your administrative remedies. After reviewing your record, the Board 
concluded your DD Form 214 is correct and an additional DD Form 214 was not required when 
you were transferred to the PDRL. Contrary to your assertion that there is no evidence you were 
ever discharged from active duty, the Board noted that your DD Form 214 documents that you 
were released from active duty on 30 September 1971 and transferred to the TDRL. The Navy 
will issue you a certificate documenting your Honorable discharge. You may request your 
certificate by mailing your request to Navy Personnel Command (PERS 3), 5720 Integrity Drive, 
Millington, TN 38055-3120. 

Regarding your request for a personal appearance, the Board determined that a personal 
appearance with or without counsel will not materially add to their understanding of the issue(s) 
involved. Therefore, the Board determined that a personal appearance was not necessary and 
considered your case based on the evidence of 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 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 of probable material error or injustice. 

 Sincerely,