DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 .
JRE
Docket No. 11887-08
14 August 2009
This ig in reference to your application for correction of your
naval record pursuant to the provisions of title 10 of the
United States Code, section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 6 August 2009. Your allegations of error and .
imjustice were reviewed in accordance with administrative
reguiations 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, your naval record and applicable statutes,
regulations and policies. ,
After careful and conscientious consideration of the entire
record, the Board Found that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice. :
The Board found that if it were to correct your record to show
that you were permanently retired by reason of physical
disability on 29 June 2003 rather than transferred to the
Temporary Disability Retired List (TDRL), you would be indebted
to the government because you were paid at the 50% rate while on
the TDRL, but would have been entitled to payment at the 30%
rate had you been permanently retired at that time. In
addition, the Board found that as you did not serve on active
duty after you were transferred to the TDRL in 2003, you are not
entitled to a DD Form 214 for the period from 30 June 2003 to 1
April 2008. Accordingly, your application has been denied. The
names and votes of the members of the panel wiil be furnished
upon request.
If you are concerned about explaining the gap between your
transfer to the TDRL and your permanent retirement, you should
attach a copy of your permanent retirement orders to your DD
Form 214.
It is regretted that the circumstances of your case are such
that favorable action cannot be taken. You are entitled to have
the Board reconsider its decision upon submission of new and
material evidence or other matter not previously 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,
Executive
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