DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 9167-19 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 w/attachments 1. Pursuant to the provisions of the reference, Subject, hereinafter referred to as Petitioner, filed enclosure (1) with the Board for Correction of Naval Records (Board), requesting that her 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 16 April 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 enclosure, relevant portions of Petitioner’s 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 regulation within the Department of the Navy. b. Petitioner entered active-duty service in the Navy in December 1996. She served without incident until her referral to the Physical Evaluation Board (PEB) on 29 May 2007 for migraine headaches. Petitioner was found unfit for continued naval service due to her migraine condition and assigned a 30% disability rating. As a result, she was transferred to the Temporary Disability Retirement List (TDRL) on 31 October 2007. On 4 September 2013, the Navy Personnel Command requested Petitioner’s removal from the TDRL forfailing to attend her final periodic examination. The President, PEB, directed Petitioner’s administrative removal from the TDRL on 30 December 2013. Petitioner contends that she was never contacted by the Navy to schedule her final periodic examination. 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 no error was committed by the PEB in administratively removing Petitioner from the TDRL since it was her responsibility to maintain a current address with the Navy in order to receive TDRL-related correspondence. However, the Board also determined an injustice exists in Petitioner’s record that should be addressed by reinstating her to the TDRL to allow her another opportunity to attend a final periodic examination so the PEB may issue a final adjudication in her case. The Board determined that denying Petitioner the potential for retirement benefits due to her lack of diligence would perpetuate an injustice since she submitted her request to be reinstated to the TDRL in a reasonable time. Despite the Board’s finding that depriving her of a final examination and adjudication by the PEB would be an injustice, the Board determined that placing Petitioner on the PDRL was not warranted at this time. In the Board’s view, there was insufficient evidence to adjudicate Petitioner’s condition, and the Board therefore determined that a new examination is appropriate to allow the PEB to make an adjudication. 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. All due process rights associated with the Disability Evaluation System will be afforded to the Petitioner as part of the Physical Evaluation Board review. 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 Regulations, 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 the reference, has been approved by the Board on behalf of the Secretary of the Navy.