DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 11667-19 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 reinstate her to the Temporary Disability Retirement List (TDRL) for the purpose of allowing her to attend a final periodic examination and receive a Physical Evaluation Board (PEB) final adjudication. 2. The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 13 February 2020 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 2007. She was released from active duty on 27 October 2013 placed on the TDRL as a result of a PEB finding of unfitness for continued naval service due to a psychotic disorder. Petitioner attended a periodic TDRL examination on 6 January 2016 and was retained on the TDRL by the PEB on 24 March 2016. Subsequently, Petitioner commenced a series of incarcerations commencing on 25 July 2016 and ending on 8 April 2019 related to substance abuse. Based on her failure to attend her scheduled final periodic TDRL examination, Petitioner was administratively removed from the TDRL on 4 March 2019. 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 Petitioner’s incarceration contributed to her inability to attend her final periodic TDRL examination. While the Board does not find her incarceration a valid excuse for missing her periodic examination, they felt it would be an injustice to deny her possible lifetime disability benefits. In making their injustice finding, the Board found no error by the PEB but considered the serious nature of Petitioner’s mental health condition and her record of compliance in attending a prior periodic examination previous to her incarcerations. 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 her reinstatement is so she may undergo a physical examination and have the Physical Evaluation Board make a final determination of her 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. 2/18/2020