| Mr. Carl W. S. Chun | Director | |
| Mrs. Nancy Amos | Analyst |
| Mr. Melvin H. Meyer | Chairperson | |
| Ms. Kathleen A. Newman | Member | |
| Mr. Donald P. Hupman, Jr. | Member |
APPLICANT REQUESTS: That the narrative reason for separation on his Certificate of Release or Discharge from Active Duty, DD Form 214, be changed from disability, temporary to disability, permanent.
APPLICANT STATES: The applicant makes no additional statement but provides his removal from the Temporary Disability Retired List (TDRL) orders as supporting evidence.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in the Regular Army on 15 April 1977. His physical evaluation board packet is not available but he was released from active duty on 7 September 2000 and placed on the TDRL on 8 September 2000 with a 60 percent disability rating.
On 9 October 2001, the applicant was removed from the TDRL because of a permanent physical disability and permanently retired with a 60 percent disability rating.
Army Regulation 635-5 prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service.
Title 10, U. S. Code, section 1202 states that, upon determination that a member would be qualified for retirement but for the fact that his disability is not determined to be of a permanent nature and stable, shall, if it also is determined that the disability may be of a permanent nature, place the member’s name on the TDRL with retired pay.
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. There is no error on the applicant’s DD Form 214. A DD Form 214 is prepared when an individual retires, is discharged, or is otherwise released from active duty. His DD Form 214 was properly prepared with the correct narrative reason for separation when he was released from active duty on 7 September 2000 and actually retired effective 8 September 2000 when he was placed on the TDRL. His removal from the TDRL and permanent retirement for physical disability in October 2001 was merely an administrative action.
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
__mhm___ __kan___ __dph___ DENY APPLICATION
| CASE ID | AR2001065143 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20020514 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | (DENY) |
| REVIEW AUTHORITY | |
| ISSUES 1. | 100.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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