RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 15 May 2007
DOCKET NUMBER: AR20060016632
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. Gerard W. Schwartz
Acting Director
Mr. Michael L. Engle
Analyst
The following members, a quorum, were present:
Ms. Yolanda Maldonado
Chairperson
Ms. LaVerne M. Douglas
Member
Mr. Gerald J. Purcell
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 reconsideration of his earlier request to change his date of retirement to 1 February 1972.
2. The applicant states, in effect, that the Santa Fe Railroad used his Temporary Disability Retired List (TDRL) date of 29 April 1969 when calculating his retirement for 30 years service. The correct date that the railroad should have used was his permanent disability retirement date of 1 February 1972. The applicant further states that, as a result of the railroad's error, he will incur a financial hardship by losing over $236,952.00 in retirement benefit should he live to be 85 years of age.
3. The applicant provides no additional documentation in support of his application.
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20060004358, on 26 October 2006.
2. On 29 April 1969, the applicant was released from active duty and placed on the TDRL effective 30 April 1969. There is no evidence showing that the applicant served any active duty after this date.
3. On 31 January 1972, the applicant was removed from the TDRL and permanently retired on the following day.
DISCUSSION AND CONCLUSIONS:
1. The applicant was placed on the TDRL, subsequently removed from the TDRL, and permanently retired. He had no active duty after 29 April 1969, which is the date shown on his DD Form 214.
2. The error made by the Santa Fe Railroad in determining the applicant's combined years of service for a railroad retirement is regrettable. However, this Board does not have jurisdiction to correct such an error.
3. To arbitrarily change the applicant's date of retirement to show that he served longer on active duty than he actually did would not be ethical or consistent with the Army's interest in maintaining the accuracy of its records.
4. 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 the aforementioned requirement.
5. In view of the above, the applicant's request should not be granted.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
_LMD ___ __YM ___ __GJP__ 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 to amend the decision of the ABCMR set forth in Docket Number AR20060004358 dated 26 October 2006.
__ Yolanda Maldonado____
CHAIRPERSON
INDEX
CASE ID
AR20060016632
SUFFIX
RECON
DATE BOARDED
20070515
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
ISSUES 1.
136.0100.0000
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5.
6.
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