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 application on its merits.  A three-member panel of the Board for Correction of Naval Records (Board), sitting in executive session, considered your application on 19 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. 
 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to its 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. 
 
You enlisted in the Navy and served honorably until your transfer to the Temporary Disability Retired List (TDRL) on 28 October 2012.  On 12 February 2015, a Physical Evaluation Board (PEB) found that you were unfit for continued Naval service due to a physical disability ratable at 70%.  Subsequent to the PEB’s determination, you were transferred to the Permanent Disability Retired List (PDRL). 
 
During your active duty service, on 25 February 2006, you were serving in in support of an  unit.  Your vehicle was destroyed by an IED; despite being injured yourself, you refused morphine and administered care and assistance to others.  On 3 August 2018, you received a Bronze Star Citation for your heroic actions of 25 February 2006.   
 
In your petition to the Board, you request a new Certificate of Release or Discharge from Active Duty (DD Form 214), to reflect your transfer to the PDRL and to reflect your Bronze Star.  In support of your application, you provide the Board with a copy of the Bronze Star citation and the PEB documents. 
 
The Board carefully reviewed your application and noted your request for a new DD Form 214 to reflect your transfer to the PDRL and your entitlement to the Bronze Star.  In accordance with BUPERSINST 1900.8 series, DD Form 214s are issued upon a servicemember’s release or discharge from an active duty status.  Since you were in a TDRL status and not on active duty on 12 February 2015, when you were transferred to the PDRL, the issuance of a DD Form 214 is not contemplated by regulatory guidance.  Since DD Form 214s are not issued upon an individual’s transfer from the TDRL to the PDRL, the Board determined that corrective action is not appropriate.  
 
With regard to your request for a DD Form 214 that reflects your Bronze Star, the Board noted that you do not appear to have exhausted the available lower level administrative remedies prior to petitioning the Board.  Accordingly, the Board determined that consideration of your request is premature.  You may submit your request for a new DD Form 214 which reflects all of your entitlement to awards to Navy Personnel Command (NPC) PERS 312, 5751 Honor Drive, Building 769, Room 158, Millington, TN 38055-3120.   
 
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.