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

Docket No: 7552-19 
Ref:   Signature Date

From: Chairman, Board for Correction of Naval Records 
To:   Secretary of the Navy

Subj:

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 place her on the Permanent Disability Retirement List (PDRL).

2. The Board, consisting of	, reviewed Petitioner’s allegations of error and injustice on 24 October 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 August 1994. After undergoing lumbar surgery in 2009, a medical board referred Petitioner to the Physical Evaluation Board (PEB) for her back condition. Petitioner was found unfit for lumbar spondylosis/post laminectomy syndrome and fecal incontinence resulting in a combined 60% disability rating. Petitioner was placed on the Temporary Disability Retirement List (TDRL) effective 29 January 2012.

  c. By Petitioner’s own statement, she failed to attend periodic TDRL examinations resulting in her administrative removal after the expiration of the five-year statutory adjudication period. Petitioner continues to be treated for her unfitting conditions and has experienced financial hardships, including homelessness, due in part to her administrative removal from the TDRL.

CONCLUSION

Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice warranting partial relief.  Specifically, the Board determined that Petitioner should be reinstated to the TDRL and provided a final opportunity to attend a periodic TDRL examination that will allow the PEB to issue a final adjudication in her case. The Board found no evidence of error in removing Petitioner from the TDRL based on her failure and apparent lack of diligence to attend her periodic TDRL examination. However, the Board concluded denying Petitioner the potential for lifetime military disability benefits or severance pay due to her lack of diligence would result in an injustice based on her 18 years of honorable service and existing disability conditions. They also concluded it was inappropriate for the Board to place Petitioner on the PDRL without a current TDRL periodic examination to base a final disability determination in her case.

RECOMMENDATION

That Petitioner’s naval record be corrected, where appropriate, to show that:

Petitioner was reinstated to the Temporary Disability Retirement List effective the date of this letter. Note: 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.

A copy of this Report of Proceedings will be filed in Petitioner’s naval record.

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.