Dear ,  
 
This is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552.  After careful and conscientious consideration of the entire record, the Board for Correction of Naval Records (Board) found the evidence submitted was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied. 
 
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 February 2020.  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 you entered active duty with the Navy in February 2011 with eight years and two months of prior active service.  On 13 November 2014, the Physical Evaluation Board found you unfit for continued naval service due to Major Depressive Disorder and assigned you a 50% disability rating.  You were released from active duty on 28 December 2014 and transferred to the Temporary Disability Retirement List (TDRL).  In 2019, you were administratively removed from the TDRL for failing to attend your periodic examinations. 
 
The Board carefully considered your arguments that you deserve to be reinstated to the TDRL for a final periodic examination.  You assert that you were never provided an opportunity to attend a periodic examination before your removal from the TDRL.  Unfortunately, the Board disagreed with your rationale for relief.  The Board determined the preponderance of the evidence does not support your contention you were never provided an opportunity to attend a periodic examination.  The Board noted you were on the TDRL for five years and never attended a periodic examination. You also provided no evidence with your application that supports your allegation that your single scheduled periodic examination was cancelled by the Navy without providing you an opportunity to attend a rescheduled examination.  Absent evidence that shows the Navy failed to schedule you for a periodic examination, the Board concluded the PEB action to administratively remove you from the TDRL was supported by your failure to attend a periodic examination during the five-year period you were on the TDRL.  Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your record.   
 
The Board felt that you should apply for reconsideration once you have gathered evidence that supports your assertion that you were denied an opportunity to attend a periodic examination. 
 
It is regretted that the circumstances of your case are such that favorable action cannot be taken.  You are entitled to have the Board reconsider its decision upon submission of new matters, which will require you to complete and submit a new DD Form 149.  New matters are those not previously presented to or 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.