DEPARTMENT OF THE NAVY 

BOARD FOR CORRECTION OF NAVAL RECORDS 

701 S. COURTHOUSE ROAD, SUITE 1001 

ARLINGTON, VA 22204-2490 

Docket No: 9851-18 
Ref: Signature Date 

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

Subj: REVIEW OF NAVAL RECORD ICO 
Ref: (a) Title 10 U.S.C. 1552 

Encl: (1) DD Form 149 w/attachments 
      (2) Subject’s naval record 

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 place him on the Permanent Disability Retirement List. 

2. The Board, consisting of , reviewed Petitioner’s 
allegations of error and injustice on 21 February 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 his placement 
on the Temporary Disability Retirement List (TDRL) on 28 May 2013. Petitioner was found 
unfit for continued naval service by the Physical Evaluation Board (PEB) and assigned a 70% 
disability rating. However, Petitioner was administratively removed from the TDRL after failing 
to update his address with the PEB as required by disability regulations. Petitioner asserts he 
made changes to his mailing address in DEERS but does not contend he informed the PEB or 
Navy regarding his change in addresses. A review of his record shows previous addresses in 
this Board was in . . Petitioner’s mailing address for his application to 

 c. The Board found insufficient evidence of PEB error in Petitioner’s case since there was no 
evidence presented he properly informed the PEB or Navy of his latest change in address. 
However, the Board determined to allow Petitioner to be separated without a final adjudication 
by the PEB after a TDRL examination would create an injustice in light of Petitioner’s mental 
health condition. Since Petitioner appears to have exhausted his statutory TDRL time period for 
compensation, the Board found the burden on the Navy and PEB de minimis when compared to 
the potential lifetime loss of disability benefits to the Petitioner. The Board found no reason to 
place Petitioner on the Permanent Disability Retirement List based on the finding no PEB error 
was committed and the lack of evidence presented with his application. Further, the Board 
concluded any injustice could be cured with a PEB review of Petitioner’s medical file for a final 
determination. 

CONCLUSION 

Upon review and consideration of all the evidence of record, the Board finds the existence of an 
injustice warranting the following partial corrective action. 

RECOMMENDATION 

That Petitioner’s naval record be corrected, where appropriate, to show that: 

Petitioner was reinstated to the Temporary Disability Retirement List effective the date of this 
letter. The sole purpose of his reinstatement is so he may undergo a physical examination and 
have the Physical Evaluation Board make a final determination of his disability status in 
accordance with Title 10, U.S. Code, Section 1210. 

A copy of this Report of Proceedings will be filed in Petitioner’s naval record. 

4. 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 Regulations, Section 723.6(e)) and 
having assured compliance with its provisions, 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. 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. 

2/25/2019 


Executive Director