From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:  REVIEW OF NAVAL RECORD ICO FORMER MBR  
  
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) or reinstate her to the Temporary Disability Retirement List (TDRL) for a formal Physical Evaluation Board (PEB) hearing. 
                                              
2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 14 November 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 December 2013.  On 28 April 2017, a medical board referred her to the PEB for Major Depressive Disorder, Single Episode, Severe and Post-Traumatic Stress Disorder (PTSD).  The PEB found Petitioner unfit for continued naval service due to Major Depressive Disorder, Single Episode, Severe and assigned her a 70% disability rating.  Petitioner’s PTSD was determined to be a related diagnosis to her Depressive Disorder.  Based on the PEB’s findings, Petitioner was placed on the TDRL on 27 November 2017.   
 
     c.  Petitioner underwent a periodic TDRL physical examination on 12 February 2019.  The examination report noted Petitioner was still suffering from mental health symptoms but on medication that allowed her to care for her children at home and led her to believe she was capable of performing volunteer work.   As a result, on 5 March 2019, the PEB found Petitioner unfit for continued naval service for her Major Depressive Disorder condition but lowered her assigned disability rating to 10%.  The PEB findings were mailed certified to Petitioner via the United States Postal Service and delivered on 26 April 2019.  After Petitioner failed to return her election of options in the prescribed time period, she was presumed to accept the PEB findings resulting in the finalization of her case on 28 May 2019.  Petitioner subsequently contacted the PEB to inquire about her options for contesting the PEB findings in July 2019 prior to filing an application with this Board. 
                                    
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 and her PEB case reopened for the purpose of requesting a formal hearing.  While the Board found insufficient evidence to support a finding that an error exists in Petitioner’s PEB record to warrant her placement on the PDRL, it felt the interests of justice support reinstating her to the TDRL to allow her an opportunity to request a formal hearing with the assistance of disability counsel.  In making their findings, the Board considered Petitioner’s mental health condition and the fact she attempted to exercise due diligence within a reasonable time from notification of the PEB findings in her case.   
 
RECOMMENDATION 
 
In view of the above, the Board directs the following corrective action. 
 
Petitioner’s naval record be corrected by reinstating Petitioner to the TDRL effective the date of her removal.  Petitioner is reinstated to the TDRL for the specific purpose of allowing her another opportunity to request a formal PEB hearing to contest the findings of her case.   
 
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.