Docket No. 3880-21

 
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.     
 
A three-member panel of the Board, sitting in executive session, considered your application on  12 August 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 April 2001.  You were found unfit for by the Physical Evaluation Board (PEB) in July 2019 and recommended for placement on the Temporary Disability Retirement List (TDRL).  Pursuant to your PEB findings, you were released from active duty on 30 October 2019 and transferred to the TDRL.  Based on your record of active duty, you were issued a DD Form 214 that reflects your transfer to the TDRL as the reason for your separation from active duty.  In 2021, you were ordered transferred to the Permanent Disability Retirement List (PDRL) after a periodic TDRL review of your case. 
 
The Board carefully considered your arguments that you should be issued a new DD Form 214 to reflect your transfer to the PDRL from the TDRL.  Unfortunately, the Board disagreed with your rationale for relief.  BUPERSINST 1900.8E lists 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 2019 was to document your period of active duty and why you were released from active duty.  Since your time on the TDRL does not meet the requirements of BUPERSINST 1900.8E, the Board concluded that the issuance of a new DD Form 214 to reflect your period on the TDRL was not required.  Additionally, 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 are currently on the PDRL.  Accordingly, the Board concluded insufficient evidence of error or injustice exists to warrant a change to your record. 
 
Regarding your request to make administrative changes to your DD Form 214 to reflect period of sea deployments in support of various operations, the Board concluded you have not yet exhausted your administrative remedies.  Your request is for an administrative correction which does not require action by this Board until you have formally requested a change to your record through the Navy.  You may submit your request to the Department of Navy, Navy Personnel Command (PERS 3C), 5720 Integrity Drive, Millington, TN 38055-3120.  If the Navy should deny your request, you may reapply to the Board with supporting evidence that a correction is required 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,    
									8/18/2021
									Deputy Director