DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 9063-19 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy 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 him on the Permanent Disability Retirement List (PDRL). 2. The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 30 January 2020 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 January 2007. He suffered bilateral distal radius fractures in December 2007 that required surgery. Eventually, a medical board referred Petitioner to the Physical Evaluation Board (PEB) for Status Post Bilateral Intraarticular Distal Radius Factures on 4 February 2009. The PEB found Petitioner unfit for his referred condition on 8 April 2009 and assigned him a disability rating of 30%. Petitioner was placed on the Temporary Disability Retirement List (TDRL) in June 2009 pursuant to the PEB findings in his case. On 15 September 2015, President, PEB administratively removed Petitioner from the TDRL for failing to attend his final TDRL periodic examination. c. Petitioner argues that he was never notified of his TDRL examination and his unfitting disability condition has worsened over time. CONCLUSION Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice warranting partial relief. Specifically, despite the fact theBoard found the PEB’s actions in accordance with applicable regulations, they concluded to deprive Petitioner of potential lifetime military disability benefits due to his lack of diligence creates an injustice meriting partial relief. The Board noted Petitioner was administratively removed relatively recently and felt it was appropriate to allow Petitioner an additional opportunity to attend a final TDRL examination in order to allow the PEB to review his case for final adjudication. The Board concluded the preponderance of the evidence did not support placing Petitioner on the PDRL since there was no evidence supporting an error by the Navy and the lack of a final TDRL examination to substantiate the severity of his symptoms. RECOMMENDATION In view of the above, the Board directs the following corrective action. Petitioner’s naval record be corrected by reinstating him to the Temporary Disability Retirement List effective the date of this letter. The sole purpose of his reinstatement is so he may undergo a physical examination and have the Physical Evaluation Board make a final determination of his disability status, in accordance with Title 10, U.S. Code, Section 1210, with all due process rights associated with the Disability Evaluation System. 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.