DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 5057-19  
Ref:   Signature Date 
 
From:  Chairman, Board for Correction of Naval Records  
To:    Secretary of the Navy  

Subj: REVIEW OF NAVAL RECORD ICO 

Ref: (a) Title 10 U.S.C. 1552 

Encl: (1) DD Form 149 w/attachments 

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 reinstate her to the Temporary Disability Retirement List (TDRL) to allow her a final periodic examination and Physical Evaluation Board (PEB) adjudication. 

2.  The Board, consisting of    , reviewed
Petitioner’s allegations of error and injustice on 12 December 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 naval 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.  Petitioner entered active duty with the Navy in May 2007.  She was referred to the PEB for Major Depressive Disorder by a medical board on 24 February 2012.  The PEB found her unfit for continued naval service and assigned her a 50% disability rating resulting in her placement on the TDRL on 28 October 2012.  Petitioner was ordered to be administratively removed from the TDRL on 8 March 2018 by President, PEB.

     c.  Petitioner argues she never received her final TDRL examination notice since she moved from her known address prior to the expiration of her TDRL expiration.   

CONCLUSION 

Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice warranting relief.  Specifically, the Board determined that Petitioner should be reinstated to the TDRL to allow her to the opportunity attend a final periodic TDRL examination so the PEB can issue a final adjudication in her case.  While the Board found no error in Petitioner’s removal from the TDRL, it determined to deny her potential lifetime disability retirement pay and benefits for failure to update her mailing address would create an injustice in her record.  Additionally, the Board considered Petitioner’s mental health condition as mitigation evidence in making their findings.  

RECOMMENDATION 

In view of the above, the Board directs the following corrective action. 

Petitioner was reinstated to the Temporary Disability Retirement List effective the date of this letter.  The sole purpose of her reinstatement is so she may undergo a physical examination and have the Physical Evaluation Board make a final determination of her disability status in accordance with Title 10, U.S. Code, Section 1210.  
 
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. 


12/26/2019