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 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 Marine Corps in 1 On the Physical Evaluation Board (PEB) found you unfit for Glomerulonephritis with a 30% rating. You were placed on the Temporary Disability Retirement List pursuant to the PEB findings on and issued a DD Form 214 documenting your active duty service and reason for separation. On the PEB found you unfit for Glomerulonephritis but lowered your rating to 0% resulting in your discharge from the Marine Corps with an effective date of based on the expiration of the five-year statutory TDRL period. 

The Board carefully considered your arguments that you deserve a change to your DD Form 214 to reflect your placement on the Permanent Disability Retirement List (PDRL). You assert an error exists since the DD Form 214 does not accurately reflect your current status. Unfortunately, the Board disagreed with your rationale for relief. First, the Board found no evidence that you were placed on the PDRL. Based on the evidence in your record, the Board concluded you were correctly discharged from the Marine Corps due to the PEB assignment of a disability rating less than 30% for your unfitting condition. Second, MCO 1900.16 does not authorized the issuance of a new DD Form 214 to retired personnel who are removed from the TDRL since a DD Form 214 is designed to provide service members with a “brief, clear-cut record of their term of active duty with the Marine Corps at the time of their transfer, release or discharge, and change in status or component while remaining on active duty.” It only allows for the issuance of a DD Form 214 for release from active service, release from a Period of Active Duty for Training of 90 days or more, or continuation of active duty status or component changes under specific circumstances. Since your time on the TDRL does not meet the requirements of MCO 1900.16 for issuance of a DD Form 214, the Board concluded that the issuance of a new DD Form 214 to reflect your period on the TDRL 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 Marine Corps. Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your 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.