DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 11483-19 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 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 (PDRL). 2. The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 27 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 February 1999. He was found unfit for continued naval service on 5 October 2001 by the Physical Evaluation Board (PEB) and assigned a 40% disability rating for his Type I Diabetes condition. He was eventually transferred to the Temporary Disability Retirement List (TDRL). Petitioner failed to attend his periodic TDRL evaluations resulting in his administrative removal from the TDRL in 2007. c. Petitioner argued that he attended his periodic TDRL examinations but provided no evidence of his compliance with TDRL orders. His PEB record documents orders issued on 6 March 2006 with no evidence of his attendance. CONCLUSION Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice warranting partial relief. Specifically, the Board determined that to deny Petitioner potential lifetime disability benefits based on his lack of diligence in attending TDRL examinations would result in an injustice. As a result, they felt it appropriate to reinstate Petitioner to the TDRL and provide him an additional opportunity to attend a final periodic TDRL examination. The Board considered the nature and severity of his disability condition in making their findings. The fact Petitioner is not entitled to any additional TDRL retirement pay was also a contributing factor in their decision. Finally, the Board determined the evidence did not support placing him on the PDRL without a full PEB review of his disability status. 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. All due process rights associated with the Disability Evaluation System will be afforded to the Petitioner as part of the Physical Evaluation Board review. 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. 3/5/2020