DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 3975-19 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Ref: (a) 10 U.S.C. 1552 Encl: (1) DD Form 149 (2) Case summary 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 be placed on the Temporary Disability Retired List (TDRL). Enclosure (2) applies. 2. The Board, consisting of , reviewed Petitioner's allegations of error and injustice on 9 September 2019, 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 his naval service 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. Although enclosure (1) was not filed in a timely manner, it is in the interest of justice to waive the statute of limitations and review the application on its merits. c. Petitioner enlisted in the Navy and began a period of active duty on 5 May 2006. On 21 August 2008, Petitioner was released from active duty and transferred to the TDRL. d. In August 2013, Petitioner was dropped from the TDRL. Petitioner provides a 17 September 2013 letter from the Defense Finance and Accounting Service (DFAS) which notified him that his five year period of entitlement to disability retired pay had terminated. e. Petitioner contends that he was dropped from the TDRL in August 2013 without receiving the required minimal medical evaluations to which he was entitled due to his TDRL status. He asserts that the Department of Navy did not contact him to assess the condition for which he was placed on the TDRL. He would like to be placed back on the TDRL so that his disability can be identified at the level commensurate with his reported injuries. He also notes that he would like his dependents to be placed in DEERS to receive benefits. In support of his application, Petitioner provides documentation indicating that Veteran’s Affairs (VA) has assigned him a 90% disability rating. CONCLUSION Upon review and consideration of all the evidence of record, the Board found that Petitioner should be placed back on the TDRL for purposes of receiving an appropriate evaluation to determine his fitness for duty, and if applicable, disability percentage rating. The Board noted that Petitioner’s home address in Great Falls, MT has remained the same from the time of his release from active duty in 2008, throughout his tenure on the TDRL and until the submission of his application for correction to the Board in 2019. Furthermore, the Board found that in light of Petitioner’s original placement on the TDRL in 2008 and in consideration of the lack of evidence indicating he received a post-separation evaluation for purposes of determining whether he was fit for duty or should be rated for a disability that would entitle him to either a discharge or a military retirement, that Petitioner should be placed back on the TDRL to correct an injustice. The Board determined that relief should be limited to Petitioner’s return to the TDRL only so that Petitioner could be evaluated by a Physical Evaluation Board. The Board found that placement of Petitioner’s dependents in DEERS is not warranted. In view of the above, the Board directs the following corrective action. RECOMMENDATION That Petitioner be returned to the TDRL for the purpose of receiving a final determination regarding his fitness for duty, a recommended separation with benefits, or a recommended placement on the Permanent Disability Retired List (PDRL). That a copy of this report of proceedings be filed in Petitioner’s naval record. That, upon request, the Department of Veterans Affairs be informed that Petitioner's application was received by the Board on 9 April 2019. 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.