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. 

Although your application was not filed in a timely manner, the Board found it in the interest of 
justice to waive the statute of limitations and consider your case on its merits. A three-member 
panel of the Board for Correction of Naval Records, sitting in executive session, considered your 
application on 15 August 2019.  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 that you entered active duty with the Navy in January 1973 and served until your placement on the Temporary Disability Retirement List (TDRL) on January 1977.  Upon your release from active duty, you were issued a DD Form 214 reflecting your transfer to the TDRL.  On  April 1981, you were ordered removed from the TDRL after the Physical Evaluation Board reduced your disability rating to 20%.  On July 1981, you were removed from the TDRL and discharged from the Navy with severance pay. 

The Board carefully considered your arguments that you require the issuance of a new DD Form 214 to reflect your release from the TDRL and discharge from the Navy.  Unfortunately, the Board disagreed with your rationale for relief.  The Board determined that the purpose of a DD Form 214 is to record periods of active duty and reasons for release from active duty.  They concluded the reason you were issued a DD Form 214 in 1977 was to document your period of active duty and your placement on the TDRL that resulted in your release from active duty.  Since your time on the TDRL is not considered active duty, the Board concluded that the issuance of a new DD Form 214 to reflect your period on the TDRL and your discharge from the Navy was not required.  Additionally, the Board considered whether a new DD Form 214 should be issued as a matter of injustice and, similarly, determined one was not required since you have alternative means to document that you were removed from the TDRL and discharged from the Navy in 1981.  Accordingly, the Board concluded insufficient evidence of error or injustice exists to warrant a change to your record.

Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issue(s) involved. Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 

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.