Search Decisions

Decision Text

ARMY | BCMR | CY2001 | 2001065226C070421
Original file (2001065226C070421.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 21 MARCH 2002
         DOCKET NUMBER: AR2001065226


         I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun Director
Mr. Kenneth H. Aucock Analyst


The following members, a quorum, were present:

Mr. John N. Slone Chairperson
Ms. Linda D. Simmons Member
Mr. John T. Meixell Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.


2. In effect, the applicant requests that a DD Form 214 dated 21 May 1998 be expunged from his records.

3. The applicant states that he has two DD Forms 214, one of which must be incorrect. He states that the one showing disability retirement is correct, and the other, dated 21 May 1998, that he recently received from the National Personnel Records Center, incorrect.

4. The applicant’s military records show that he enlisted in the Army on 23 March 1994 and reenlisted for two years on 22 May 1996. Orders published by the 18th Personnel Services Battalion at Fort Bragg, North Carolina on 11 February 1998 show that he was assigned to the transition point at Fort Bragg effective 7 May 1998 and scheduled to be released from active duty on 21 May 1998 and transferred to the Army Reserve Control Group (Reinforcement) at St. Louis. However, on 23 February 1998 the applicant enlisted in the Army National Guard for three years [effective upon his release from active duty]. His transition orders were then amended to show transfer to a maintenance company in New Orleans.

5. The applicant’s DD Form 214 contained in his OMPF (microfiche) shows that he was released from active duty on 21 May 1998 by virtue of his ETS (separation date) and transferred to the 3673d Maintenance Company in New Orleans. That DD Form 214 indicates that the applicant was not available to sign the form.

6. The other DD Form 214 shows that the applicant was placed on the temporary disability retired list (TDRL) on 30 July 1998.

7. Information obtained from the Physical Disability Agency on 6 March 2002 revealed that the applicant was indeed placed on the TDRL on 30 July 1998, and that he subsequently was found fit for duty and removed from the TDRL on 12 December 2000.

CONCLUSIONS
:

1. The applicant was placed on the TDRL on 30 July 1998. The 21 May 1998 DD Form 214 is incorrect, null and void and of no force or effect.

2. The 21 May 1998 DD Form 214 should be expunged from his records.

3. In view of the foregoing, the applicant’s records should be corrected as recommended below.


RECOMMENDATION:

That the 21 May 1998 DD Form 214 pertaining to the applicant be expunged from his records.

BOARD VOTE:

___JNS ___LDS _ __JTM __ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _____John N. Slone______
                  CHAIRPERSON




INDEX

CASE ID AR2001065226
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20020321
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 100.00
2. 110.00
3.
4.
5.
6.


Similar Decisions

  • ARMY | BCMR | CY2003 | 2003089501C070212

    Original file (2003089501C070212.doc) Auto-classification: Approved

    The Board considered the following evidence: Exhibit A - Application for correction of military records. The USAPDA stated that only this Board has that authority. The MEB recommended that the applicant be referred to a Physical Evaluation Board (PEB).

  • ARMY | BCMR | CY2006 | 20060008031

    Original file (20060008031.txt) Auto-classification: Denied

    The applicant is requesting correction of an alleged error which occurred on 31 December 1972, the date he was discharged from active duty and placed on TDRL. This regulation state, in pertinent part, that you enter in item 22b of the DD Form 214 the total active service the Soldier has completed beginning with the earliest period of active service up to and including current period of active duty, less any period served in the Army National Guard or U.S. Army Reserve on active duty, and...

  • ARMY | BCMR | CY2007 | 20070014429C080407

    Original file (20070014429C080407.doc) Auto-classification: Denied

    Jerome L. Pionk | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. There is no authority to change the HOR as officially recorded at time of entry into the military service. In this case, the applicant provides finance documents that indicate his State of legal residence was Florida in 2007; however, he makes no claim that his HOR was in error at the time of his entry into the Army.

  • ARMY | BCMR | CY2004 | 20040008168C070208

    Original file (20040008168C070208.doc) Auto-classification: Denied

    The applicant requests that a new separation document be issued showing that he has been permanently retired. The entries in item 23 and 28 on the applicant’s separation document are correct and the fact that he was subsequently permanently retired is not a basis to change the reason for his 1990 discharge from active duty. Records show the applicant should have discovered the alleged error or injustice now under consideration on 24 March 1995; therefore, the time for the applicant to file...

  • ARMY | BCMR | CY2004 | 20040011498C070208

    Original file (20040011498C070208.doc) Auto-classification: Denied

    The applicant requests, in effect, that, upon removal from the temporary disability retired list (TDRL), the record be changed to show that the Physical Evaluation Board (PEB), dated 6 October 2004, recommended a combined rating of 30 percent and that he was placed on the Retired List due to disability. U.S. Army Physical Disability Agency (USAPDA) Orders D292-06, dated 18 October 2004, notified the applicant that he was removed from the TDRL and discharged from the service effective 18...

  • ARMY | BCMR | CY2002 | 2002064061C070402

    Original file (2002064061C070402.rtf) Auto-classification: Denied

    EVIDENCE OF RECORD : The applicant's military records show: He was placed on the TDRL under the same name and under the same SSN that he used at the time of his enlistment. On 9 September 1998, the Army Board for Correction of Military Records (ABCMR) administratively denied the applicant’s request for a name change.

  • ARMY | BCMR | CY2001 | 2001056543C070420

    Original file (2001056543C070420.rtf) Auto-classification: Approved

    His records also contain Department of the Army, U.S. Military Personnel Center (MILPERCEN) Orders Number D174-15, dated 24 September 1984, which placed him on the TDRL as a PFC/pay grade E-3 with an effective date of retirement as 22 October 1984 and with 80% disability. Law provides, in effect, that a service member may not be denied a promotion to which he or she would have otherwise been entitled were it not for the physical disability for which he or she was retired. Consistent with...

  • ARMY | BCMR | CY2014 | 20140003528

    Original file (20140003528.txt) Auto-classification: Denied

    In 2004 he was laterally moved to the S-2 duty position as a MSG. These orders show he was permanently retired in the rank of MSG. Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 12-17 (Grade Title on Retired List of Former First Sergeants), provides that a noncommissioned officer (NCO), holding the grade of MSG at retirement and whose record shows successful service as a 1SG, will be placed on the Retired List in the grade title 1SG.

  • ARMY | BCMR | CY2002 | 2002069837C070402

    Original file (2002069837C070402.rtf) Auto-classification: Denied

    In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice. The applicant requests...

  • ARMY | BCMR | CY2005 | 20050002182C070206

    Original file (20050002182C070206.doc) Auto-classification: Denied

    The applicant states he was medically retired in error by a doctor who determined he had ulcerative colitis. The evaluating physician noted the applicant was 27 years old, and had complained of bloody diarrhea with four or five bowel movements a day in December 1996. There is no medical evidence supporting the applicant's contention that his tobacco use was the cause of the medical condition which resulted in his retirement by reason of physical disability.