APPLICANT REQUESTS: Disability retirement or extension of her service to reflect completion of 6 months of active service. APPLICANT STATES: She should have been placed on the TDRL (Temporary Disability Retired List) and rated at 30 percent disabled or retained on active duty for 6 additional days for entitlement to separation pay. EVIDENCE OF RECORD: The applicant's military records show: She entered active duty on 22 July 1994. On 16 August 1994, while undergoing basic training she complained of right knee pain. After several additional consultations she appeared before a Medical Evaluation Board (MEB) where it was determined her pain was associated with a healing stress fracture of the right inferior pubic ramus. The MEB noted that prior to her entry on active duty she was a cross-country runner, running approximately five to six miles three to four times a week. It concluded that “if the soldier wished to remain in the military, she would again have to engage in repetitive activities inherent to military service with the likelihood that the right inferior pubic ramus fracture would either become symptomatic or she would develop other stress fractures” and therefore recommended referral to a Physical Evaluation Board (PEB). The applicant concurred with the findings and recommendations of the MEB. On 2 December 1994 an informal PEB concluded her condition was unfitting with a rating of 10 percent under VA Schedule for Rating Disability (VASRD) Code 5255/5003. The applicant concurred with the findings and recommendation of the PEB and waived her right to a formal hearing. On 13 January 1995 the applicant was separated from active duty by reason of disability but denied separation pay because she had less than 6 months of active Federal service. Subsequent to her separation the applicant was granted a 10 percent disability rating by the VA for “status, post right inferior pubic ramus fracture.” Army Regulation 635-40 states that the TDRL is used in the nature of a “pending list.” It provides a safeguard for the Government against permanently retiring a soldier who can later fully recover, or nearly recover, from the disability causing him or her to be unfit. Conversely, the TDRL safeguards the solider from being permanently retired with a condition that may reasonably be expected to develop into a more serious permanent disability. Requirements for placement on the TDRL are the same as for permanent retirement. The soldier must be unfit to perform the duties of his or her office, grade, rank, or rating at the time of evaluation. The disability must be rated at a minimum of 30 percent and the condition must be determined to be temporary or unstable. In accordance with the VASRD there can be no rating higher than 20 percent. Army Regulation 635-40 also states that in computing pay for soldiers with less than 20 years’ active service and a disability percentage of less than 30 percent, figure 2 months’ basic pay for every year of active duty with a maximum of 12 years service. Consider 6 months or more as a whole year for computing years of service as a multiplier. A soldier with less than 6 months’ service cannot receive severance pay. The soldier may, however, apply to the VA for disability compensation. As a matter of information had the applicant completed 6 months of active service she would have been entitled to approximately $1500.00 in separation pay. However, her Army separation pay would have been recouped upon her entitlement to VA disability. In processing this application an advisory opinion (COPY ATTACHED) was provided by the Physical Disability Agency (PDA). The opinion noted the applicant concurred in all aspects of her case, was processed in a normal fashion and did not meet the statutory requirements of at least six months active duty to authorize compensation. The opinion recommended the applicant’s military records not be changed. DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), it is concluded: 1. The applicant's disability was properly rated in accordance with the VA Schedule for Rating Disabilities. Her condition did not warrant a rating higher than 10 percent and as such there was no provision for placing her name on the TDRL or rating her disability at 30 percent. Her subsequent rating of 10 percent by the VA confirms the extent of her disability. 2. Although the applicant would have been entitled to separation pay had she completed 6 or more months of active Federal service the fact that she was award VA compensation would have resulted in recoupment by the VA of any Army separation pay. Extending the applicant’s service for the purpose of entitlement to separation pay would not result in any additional benefit to the applicant. 3. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy the aforementioned requirement. 4. In view of the foregoing, there is no basis for granting the applicant’s request. DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice. BOARD VOTE: GRANT GRANT FORMAL HEARING DENY APPLICATION Karl F. Schneider Acting Director