From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:    
 
Ref:  (a) Title 10 U.S.C. 1552 
 
Encl: (1) DD Form 149 w/attachments 
 
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 reinstate her to the Temporary Disability Retirement List (TDRL). 
                                              
2.  The Board, consisting of, reviewed Petitioner’s allegations of error and injustice on 19 December 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 July 2010.  A medical board referred Petitioner to the Physical Evaluation Board (PEB) on 5 April 2012 for Hallux Rigidus and Post-tibial tendon tendonitis.  Depression was added via a medical board addendum on 12 July 2012.  On 4 September 2012, the PEB found Petitioner unfit for continued naval service due to Major Depressive Disorder and Left foot pain.  She was assigned a 50% disability rating for her depressive disorder and 10% rating for her foot condition.  Petitioner was subsequently placed on the TDRL pursuant to the PEB findings.  On 8 March 2018, Petitioner was ordered administratively removed from the TDRL for failing to attend her final periodic examination. 
 
     c.  Petitioner argues that she believed her final periodic examination would be handled through the Department of Veterans Affairs. 
 
CONCLUSION 
 
Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice warranting relief.  Specifically, the Board determined that no error was committed by the PEB in administratively removing Petitioner from the TDRL since it was her responsibility to maintain a current address with the Navy in order to receive TDRL related correspondence.  However, the Board also determined an injustice exists in Petitioner’s record that should be addressed by reinstating her to the TDRL to allow her another opportunity to attend a final periodic examination so the PEB may issue a final adjudication in her case.  The Board felt denying Petitioner the potential for retirement benefits due to her lack of diligence would perpetuate an injustice since Petitioner submitted her request to be reinstated to the TDRL in a reasonable time.  In making their findings, the Board also considered Petitioner’s disability condition and how it may have impacted her ability to exercise due diligence with regard to maintaining a current address with the Navy.   
 
RECOMMENDATION 
 
In view of the above, the Board directs the following corrective action. 
 
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.                            
 
4.  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. 
 
5.  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 Regulation, Section 723.6(e)) and having assured compliance with its provisions, 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.