RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 19 MAY 2005
DOCKET NUMBER: AR20040007116
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 |
| |Ms. Deborah L. Brantley | |Senior Analyst |
The following members, a quorum, were present:
| |Mr. Raymond Wagner | |Chairperson |
| |Ms. Barbara Ellis | |Member |
| |Ms. LaVerne Douglas | |Member |
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion,
if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, entitlement to her Army retired pay
and her Department of Veterans Affairs disability compensation.
2. The applicant states that she served for 20 years and 3 months in the
Army and feels that she deserves both her retirement pay and her Department
of Veterans Affairs disability compensation.
3. The applicant provides a copy of her 2002 separation document, a copy
of her Department of Veterans Affairs rating document, and copies of her
service and Department of Veterans Affairs medical records.
CONSIDERATION OF EVIDENCE:
1. Records available to the Board indicate that the applicant entered
active duty on 8 October 1981 and served continuously until retirement, by
reason of physical disability, on 7 January 2002. Her Army disability
rating was 20 percent. At the time of her retirement she had 20 years and 3
months of active Federal service.
2. Subsequent to her retirement, she received a combined service connected
disability rating of 40 percent from the Department of Veterans Affairs.
However, effective 14 April 2003 that disability rating was increased to 80
percent.
3. Army Regulation 635-40 states that a Soldier is eligible for disability
retired pay if he/she has a rating of less than 30 percent and has 20 years
of active service for retirement. The percentage multiplier is either the
total disability percent rating or 2.5 percent of the total years of
service. The higher of the two percentages is used as a multiplier of the
retired pay base, but not more than 75 percent, to arrive at the retired
pay entitlement.
4. Until 1 January 2004 the amount of money received from the Department
of Veterans Affairs and from military retired pay could not exceed the
total of whichever payment was larger. However, Public Law 108-136, the
National Defense Authorization Act for Fiscal Year 2004, contained a
provision to restore the retired pay currently deducted from retirees’
accounts due to their receipt of Department of Veterans Affairs (VA)
compensation (currently reflected on a Retiree Account Statements as the
“VA Waiver”). This restoration of retired pay is known as Concurrent
Disability Pay (CDP) and is applicable to all retirees who have a VA rated,
service-connected disability of 80 percent or higher, with the exception of
disability retirees with less than 20 years of service and retirees who
have combined their military time and civil service time to qualify for a
civil service retirement. The phased in restoration began on 1 January
2004. CDP is direct deposited or mailed based on retirees’ current retired
pay and VA system information. The rates will automatically increase or
decrease based on the percentage of disability reported by the VA. The
amounts will increase each year until January of 2014 when eligible members
will receive their full retired pay entitlement and their VA disability
compensation with no reduction. The CDP pay cannot exceed gross retired
pay.
DISCUSSION AND CONCLUSIONS:
1. The evidence available to the Board confirms that the applicant was
retired by reason of physical disability in 2002 and that she had over 20
years of active service at the time. The evidence also confirms that her
VA disability rating exceeds 50 percent. As such, she is automatically
entitled to CDP and no correction of her record is necessary.
2. In order to justify correction of a military record the applicant must
show, or it must otherwise satisfactorily appear, that the record is in
error or unjust. The applicant has failed to submit evidence that would
satisfy that requirement.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__RW___ ___BE __ ___LD___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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.
____ Raymond Wagner_____
CHAIRPERSON
INDEX
|CASE ID |AR20040007116 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20050519 |
|TYPE OF DISCHARGE |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
|DATE OF DISCHARGE |YYYYMMDD |
|DISCHARGE AUTHORITY |AR . . . . . |
|DISCHARGE REASON | |
|BOARD DECISION |DENY |
|REVIEW AUTHORITY | |
|ISSUES 1. |108.00 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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