Docket No. 3331-21
Ref: Signature Date

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 10 June 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 after entering the Navy in February 1989 and serving approximately 12 years, you suffered a manic episode that led to a diagnosis of Bi-Polar disorder by a medical board and referral to the Physical Evaluation Board (PEB) on 30 April 2001.  The PEB determined you were unfit for continued naval service due to your Bi-Polar disorder and placed you on the Temporary Disability Retirement List (TDRL) with a 30% disability rating effective 1 November 2001.  The first periodical TDRL examination resulted in your retention on the TDRL in 2003 but the subsequent examination in 2006 revealed your condition had stabilized.  As a result, the PEB lowered your disability rating to 0% on 15 December 2006 and you accepted the findings on 21 December 2006.  Pursuant to your acceptance of the PEB findings, you were discharged from the Navy on 19 March 2007 with severance pay.  On 14 July 2016, this Board denied your request to be placed on the disability retirement list. 
 
The Board carefully considered your arguments that you should be placed on the disability retirement list and be awarded Combat Related Special Compensation (CRSC).  You assert that you were told your TDRL status would automatically convert to Permanent Disability Retirement List (PDRL) status after five years.  You argue that you continued to suffer from severe illness and are permanently disabled.  Unfortunately, the Board disagreed with your rationale for relief.   
 
First, the Board concluded that the preponderance of the evidence does not support placing you on the disability retirement list.  The Board relied primarily on the results of your 3 November 2006 periodic examination that documented your condition had stabilized and that you were working as a surgical technician despite not taking medication on a regular schedule or receiving psychiatric treatment.  In the Board’s opinion, this was strong evidence that your symptoms were not severe enough to either interfere with occupational and social functioning or to require continuous medication and supports the PEB’s finding that your symptoms merited a 0% rating.  The Board did not find your arguments regarding an automatic placement on the PDRL persuasive since you attended periodic TDRL examinations in 2003 and 2006 to determine whether your continued TDRL status was appropriate.  Therefore, the Board determined that you were properly released from the TDRL and discharged from the Navy in March 2007. 
 
Second, based on the Board’s finding that your March 2007 discharge from the Navy was appropriate, the Board concluded you are not eligible for CRSC.  10 USC § 1413a requires a service member to be retired from the armed forces in order to be eligible for CRSC.  Since you are not in a retired status, the Board determined you are statutorily prohibited from receiving CRSC.  Accordingly, the Board found insufficient evidence of error or injustice 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, 


6/11/2021
Deputy Director