Good Evening All,
If a service member is continued on TDRL at re-evaluation, can he then PFR as a level of appeal? It's confusing because SECNAVINST 1850.4E states,"5001 Basis For PFR Within The Disability Evaluation System
a. Following a Formal PEB, when the findings of the PEB become final, and the member has exhausted all of the available options with the PEB, members who have not been discharged or separated, and TDRL personnel, may PFR to DIRNCPB. Members who have been separated or permanently retired may petition the Board for Correction of Naval Records (BCNR).
I assume this regulation is intended to allow PFR prior to first re-evaluation; however there is no clarification that I can find anywhere that says it can't be used at any point while assigned to TDRL, ie after 1st re-evaluation. I am looking into this because if PFR is not allowed in this situation then I would hope BCNR would not deny hearing the case based on not exhausting all levels of appeal.
If a service member is continued on TDRL at re-evaluation, can he then PFR as a level of appeal? It's confusing because SECNAVINST 1850.4E states,"5001 Basis For PFR Within The Disability Evaluation System
a. Following a Formal PEB, when the findings of the PEB become final, and the member has exhausted all of the available options with the PEB, members who have not been discharged or separated, and TDRL personnel, may PFR to DIRNCPB. Members who have been separated or permanently retired may petition the Board for Correction of Naval Records (BCNR).
I assume this regulation is intended to allow PFR prior to first re-evaluation; however there is no clarification that I can find anywhere that says it can't be used at any point while assigned to TDRL, ie after 1st re-evaluation. I am looking into this because if PFR is not allowed in this situation then I would hope BCNR would not deny hearing the case based on not exhausting all levels of appeal.