NR1071-21  


Dear   
 
This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code.  After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied.    
 
Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your case on its merits.  A three-member panel of the Board, sitting in executive session, considered your application on 7 October 2021.  The names and votes of the members of the panel will be furnished upon request.  Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board.  Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, relevant portions of your naval record and applicable statutes, regulations and policies.    
A review of your record shows that you entered active duty with the Navy in September 1994.  You were released from active duty on 8 August 2006 based on a Physical Evaluation Board (PEB) finding of unfitness and transferred to the Temporary Disability Retirement List (TDRL).  At the time of your release from active duty, you were issued a Certificate of Release or Discharge from Active Duty Form (DD Form 214) reflecting your transfer to the TDRL.  In April 2008, your disability rating was reduced by the PEB resulting in your release from the TDRL and discharge from the Navy with severance pay.  No new DD Form 214 was issued at this time reflecting your discharge from the Navy. 
 
The Board carefully considered your arguments that you should be issued a new DD Form 214 to reflect your removal from the TDRL and discharge from the Navy.  Unfortunately, the Board disagreed with your rationale for relief.  BUPERSINST 1900.8B states that DD Form 214s are issued primarily to document periods of active duty and reasons why service members are released from active service.  It also states that service members who are removed from the TDRL as ineligible for issuance of a DD Form 214.  The Board determined that the reason you were issued a DD Form 214 in 2006 was to document your period of active duty and why you 
were released from active duty.  Therefore, your original DD Form 214 is administratively correct.  Further, since your time on the TDRL was not additional active duty time, the Board concluded that a new DD Form 214 is not required to record your time on the TDRL.  Finally, the Board considered whether a new DD Form 214 should be issued as a matter of injustice and, similarly, determined one was not required since you have alternative means to document that you were discharged from the Navy.  Accordingly, the Board concluded insufficient evidence of error or injustice exists to warrant a change to your record.   
 
You are entitled to have the Board reconsider its decision upon submission of new matters, which will require you to complete and submit a new DD Form 149.  New matters are those not previously presented to or considered by the Board.  In this regard, it is important to keep in mind that a presumption of regularity attaches to all official records.  Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice.   
 
Sincerely, 
10/14/2021
Deputy Director