RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 16 November 2006
DOCKET NUMBER: AR20060003264
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. Joyce A. Wright | |Analyst |
The following members, a quorum, were present:
| |Mr. Jeffrey C. Redmann | |Chairperson |
| |Mr. Robert W. Soniak | |Member |
| |Mr. David W. Tucker | |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, the widow of a deceased former service member (FSM),
requests that the FSM’s records be corrected to show his status as USA AD/
DEC (U.S. Army Active Duty/Deceased) instead of USA RET/DEC (USA Retired/
Deceased) and that her ID (Identification) Card be changed to show her
correct status.
2. The applicant states, in effect, that the FSM was placed on the TDRL
effective 23 July 1984 and died on 7 April 1985. She also states she
should be provided a waiver to have his death treated as active duty
instead of RET (Retired). Her spouse was 100% disabled from VA (Veterans
Administration) and should still be considered active duty since he died
while serving on the TDRL.
3. The applicant provides two copies of the FSM's separation orders, dated
25 June 1984 and 3 July 1984, a copy of her ID Card, and a copy of the
FSM's Death Certificate.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error or injustice
which occurred on 7 April 1985, the date of the FSM's death. The
application submitted in this case is dated 26 February 2006.
2. The FSM's military records show that he enlisted in the Regular Army on
12 July 1966, for training as a Field Artillery Crewman, in military
occupational specialty (MOS), 13B. The FSM was married on 22 April 1976.
The FSM continued to serve through a series of continuous reenlistments.
The FSM was promoted to master sergeant (MSG/E-8) effective 1 August 1983.
3. The FSM was separated on 23 July 1984 under the provisions of Army
Regulation 635-40, paragraph 4-24e(2), for physical disability-temporary,
in pay grade E-8. He was placed on the TDRL effective 24 July 1984, by
reason of physical disability.
4. The FSM died 7 April 1985 while serving on the TDRL.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows that the FSM was separated on 23 July 1984
under the provisions of Army Regulation 635-40, paragraph 4-24e(2), for
physical disability-temporary. He was placed on the TDRL effective 24 July
1984. While serving on TDRL, the FSM died on 7 April 1985.
2. There is no evidence, and the applicant has provided none, to show that
the FSM was returned to active duty prior to his death; as such, there is
no basis to correct the FSM's records to show he died while on active duty.
3. Since the applicant's ID Card reflects her husband's status, on the
date of his death, she is not entitled to a change of her status on her ID
Card.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__JCR __ __DWT__ ___RWS_ 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.
____Jeffrey C. Redmann______
CHAIRPERSON
INDEX
|CASE ID |AR20060003264 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20061116 |
|TYPE OF DISCHARGE |HD |
|DATE OF DISCHARGE |19840724 |
|DISCHARGE AUTHORITY |AR 636-40, paragraph 4-24e(2) |
|DISCHARGE REASON | |
|BOARD DECISION |DENY |
|REVIEW AUTHORITY | |
|ISSUES 1. | |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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