DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 3313-19 Ref: Signature Date 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 3 October 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 Marine Corps in March 2000. After being struck in the head and suffering a brain edema and linear skull fracture, you began to report chronic headaches and anosmia symptoms. A medical board referred you to the Physical Evaluation Board (PEB) on 19 August 2002 resulting a PEB finding of unfit for continued naval service for short terms memory problems and anosmia. You were assigned a combined 40% rating and placed on the Temporary Disability Retirement List (TDRL) on 31 March 2003. Between September 2004 and 26 April 2007, you were ordered three times to appear for a periodic TDRL examination. After you failed to report to the 2007 final examination, you were administratively removed from the TDRL on 27 June 2008 and discharged from the Marine Corps. The Board carefully considered your arguments for reinstatement to the TDRL based on your depression symptoms between 2004 and 2007. You assert your depression contributed to your decision not to appear for your TDRL examinations. Unfortunately, the Board felt the evidence did not support relief in your case. First, the Board did not find any evidence that you were suffering from depression during the time in question or that those symptoms had a nexus with your decision not to attend your TDRL examinations. Second, the Board felt too much time had passed since your removal from the TDRL for the PEB to accurately adjudicate your PEB case should you be returned to the TDRL in 2019. Third, the Board concluded it also lacked evidence to accurately make a 2008 fitness determination or assign a 2008 disability rating for your disability condition. While the Board decided to waive the statute of limitations in your case, it concluded the circumstances of your case create a situation where your actions made it difficult to accurately evaluate the extent of your disability condition in 2008 due to the passage of time. Absent evidence that sufficiently addresses the issues identified above, the Board concluded insufficient evidence of error or injustice warrants 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. Sincerely, 2