IN THE CASE OF: BOARD DATE: 22 October 2009 DOCKET NUMBER: AR20090008962 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests, in effect, that item 28 (Narrative Reason for Separation) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) that was issued on 2 June 2003 be changed to show that he was retired due to permanent physical disability and that item 18 (Remarks) of this document be corrected to show that he was awarded an 80-percent disability rating from the Army. 2. The applicant essentially states that he was removed from the Temporary Disability Retired List (TDRL) and retired due to permanent physical disability, but that his DD Form 214 that was issued on 2 June 2003 was not updated by the United States Army Physical Disability Agency (USAPDA). He also states that the USAPDA told him that he had to make a request through the Army Board for Correction of Military Records. 3. The applicant provides his DD Form 214 that was issued on 2 June 2003 and orders, dated 3 June 2008, that removed him from the TDRL and retired him due to permanent physical disability in support of this application. CONSIDERATION OF EVIDENCE: 1. The applicant's military records, although somewhat incomplete, show that he served in the Regular Army in an enlisted status from 7 July 1989 to 3 August 1992, and again from 27 December 1993 to 24 March 1995, with the last period of service terminated due to hardship. He enlisted again on 15 March 1999, completed the Warrant Officer Candidate School, and was honorably discharged on 5 May 1999 to accept a warrant officer appointment in the United States Army Reserve with concurrent call to active duty on 6 May 1999. He was promoted to chief warrant officer two on 6 May 2001. 2. The applicant's DD Form 214 that was issued on 2 June 2003 shows that he was retired by reason of temporary physical disability and placed on the TDRL with a 60-percent disability rating. 3. USAPDA Orders D155-08, dated 3 June 2008, removed the applicant from the TDRL effective 2 June 2008 and retired him on 3 June 2008 due to permanent physical disability with an 80-percent disability rating. 4. Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) provides, in pertinent part, that an individual may be placed on the TDRL for up to 5 years as allowed by Title 10, United States Code, section 1210, when it is determined that the individual's physical disability is not stable and he or she may recover and be fit for duty or the individual's disability is not stable and the degree of severity may change within the next 5 years so as to change the disability rating. 5. Army Regulation 635-5 (Separation Documents) states, in pertinent part, that a DD Form 214 will be prepared at the conclusion of a period of active Federal service. An individual whose name is placed on the TDRL is considered to have been released from active Federal service and, as such, is issued a DD Form 214 at that time. While on the TDRL, individuals do not accumulate active Federal service and, as such, when their names are removed from the TDRL a new DD Form 214 is not issued as they were not in an "active" status while on the TDRL. DISCUSSION AND CONCLUSIONS: 1. The applicant contends that item 28 of his DD Form 214 that was issued on 2 June 2003 should be changed to show that he was retired due to permanent physical disability and that item 18 of this document should be corrected to show that he was awarded an 80-percent disability rating from the Army. 2. While it is understandable why the applicant wishes to have his DD Form 214 that was issued on 2 June 2003 corrected to show that he was permanently retired due to physical disability with an 80-percent disability rating, this DD Form 214 was properly prepared in accordance with Army Regulation 635-5. The fact that he was subsequently removed from the TDRL and retired due to permanent physical disability with an 80-percent disability rating is accurately reflected in orders, dated 3 June 2008. 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 this requirement. In view of the foregoing, there is no basis for granting relief to the applicant in this case. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x____ ___x_____ ___x_____ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during his military career are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms. ___________x______________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. ABCMR Record of Proceedings (cont) AR20090008962 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090008962 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1