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

Docket No: 11073-19          
Ref: Signature Date 

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, sitting in executive session, considered your application on 2 March 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. 

You enlisted in the Navy, earned the rank of second-class petty officer, and served honorably until your transfer to the Temporary Disability Retired List (TDRL) on 27 June 2016.  Following your transfer to the TDRL, an informal Physical Evaluation Board (PEB) found you unfit for continued duty on 27 August 2019, rated you at a 10% disability due to adjustment disorder with mixed anxiety and depression, and directed that you be separated with severance pay.  The April 2019 PEB took into account that the Department of Veterans Affairs rated you 30% disabled.  On 22 October 2019, the President, PEB, notified the Chief of Navy Personnel of its decision,    

You request transfer to the Permanent Disability Retired List (PDRL), which would effectuate your medical retirement from the Navy.  You state that you were discharged from the TDRL without an election of options, that you did not receive due process, and that you have a post-discharge diagnosis of post-traumatic stress disorder (PTSD).  

The Board, in its review of your entire record and application, carefully considered your contention that you were deprived of the proper procedure following your transfer to the TDRL.  The Board noted that the findings of the informal PEB appear to have been sent to you but were returned “unclaimed” in September 2019.  The Board found that the Department of the Navy properly made an attempt to notify you of the informal PEB’s findings and that you did not provide evidence to support your contention that you were denied the opportunity to review those findings and request a formal PEB.  Furthermore, the Board considered that the informal PEB took into consideration the VA’s 30% rating but nonetheless found that you merited a 10% rating.  The Board concluded that the PEB process and your discharge with severance pay were executed in accordance with SECNAVINST 1850.4 series.  Therefore, the Board concluded that your discharge with severance pay rather than a transfer to the PDRL was neither erroneous nor unjust. 

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. 

Sincerely, 

3/30/2020