| Mr. Carl W. S. Chun | Director | |
| Mrs. Carolyn G. Wade | Analyst |
| Ms. Karol A. Kennedy | Chairperson | |
| Mr. Ronald E. Blakely | Member | |
| Mr. Thomas E. O'Shaughnessy, Jr. | Member |
APPLICANT REQUESTS: That his separation date of 24 October 1990 be changed to reflect his last date of discharge, 11 March 1993, as shown on his Honorable Discharge Certificate.
APPLICANT STATES: That his last date of discharge is 11 March 1993 and that he wants that date reflected on his DD Form 214 (Certificate of Release or Discharge from Active Duty).
In support of his application, the applicant submitted a copy of his Honorable Discharge Certificate and DD Form 214.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in the Regular Army on 31 December 1985 for a period of 4 years. He enlisted for the Airborne Enlistment Option, the Army College Fund Enlistment Option, and the Army Cash Bonus Enlistment Option. Following completion of all military training, the applicant was awarded military occupational specialty (MOS) 54B, Chemical Operations Specialist, and was assigned to Fort Benning, Georgia.
Headquarters Department of the Army (HQDA), Total Army Personnel Command (PERSCOM) Orders Number D197-4, dated 3 October 1990, relieved the applicant from assignment and duty because of physical disability incurred while entitled to basic pay and under conditions which permitted his placement on the Temporary Disability Retired List (TDRL), effective 24 October 1990.
The applicant’s DD Form 214 shows he was honorably retired from the Army under the provisions of paragraph 4-24e (2), Army Regulation 635-40 by reason of physical disability-temporary after completing 4 years, 9 months, and 24 days of creditable military service. On 25 October 1990, he was placed on the TDRL with a 30 percent disability rating.
On 25 January 1993, a Physical Evaluation Board (PEB) convened at Fort Sam Houston, Texas, to review the applicant’s medical condition. Based on a review of the TDRL examination, the PEB found the applicant was still unfit to reasonably perform his duties as required by previous grade and MOS and that his current condition was sufficiently stable for final adjudication. The PEB recommended a combined rating of 10 per cent and separation with severance pay if otherwise qualified. On 17 February 1993, the applicant concurred with the findings and recommendations and waived a formal hearing of his case.
On 11 March 1993, HQDA, PERSCOM Orders Number D46-7 removed the applicant from the TDRL and discharged him from service because of permanent disability. The applicant was given an Honorable Discharge Certificate reflecting he was discharged on 11 March 1993.
Army Regulation 635-40 governs the evaluation for physical fitness of soldiers who may be found unfit to perform their military duties because of physical disability. Paragraph 4-24 provides instructions for final disposition of the case. The Commanding General of PERSCOM will dispose of the case by publishing orders or issuing proper instructions to subordinate headquarters, or return any disability evaluation case to the United States Army Physical Disability Agency (USAPDA) for clarification or reconsideration when newly discovered evidence becomes available and is not reflected in the findings and recommendations.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
1. 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.
2. After a thorough review of the applicant’s records, the Board determined that the applicant’s DD Form 214 correctly shows his separation from active duty service and his placement on the TDRL as of 24 October 1990. The Board also determined that the applicant’s honorable separation by orders (without DD Form 214) is also correct. Paragraph 2-1b(3), Army Regulation 635-5, specifically states that a DD Form 214 will not be prepared for a soldier being removed from the TDRL.
3. 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
_KAK___ ____REB_ __TEO__ DENY APPLICATION
| CASE ID | AR2001060813 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20011211 |
| TYPE OF DISCHARGE | HD |
| DATE OF DISCHARGE | 19930311 |
| DISCHARGE AUTHORITY | AR 635-40 |
| DISCHARGE REASON | Physical disability |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | Director |
| ISSUES 1. | 100.0000 |
| 2. | 100.0200 |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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