IN THE CASE OF:
BOARD DATE: 22 October 2009
DOCKET NUMBER: AR20090008962
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, that item 28 (Narrative Reason for Separation) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) that was issued on 2 June 2003 be changed to show that he was retired due to permanent physical disability and that item 18 (Remarks) of this document be corrected to show that he was awarded an 80-percent disability rating from the Army.
2. The applicant essentially states that he was removed from the Temporary Disability Retired List (TDRL) and retired due to permanent physical disability, but that his DD Form 214 that was issued on 2 June 2003 was not updated by the United States Army Physical Disability Agency (USAPDA). He also states that the USAPDA told him that he had to make a request through the Army Board for Correction of Military Records.
3. The applicant provides his DD Form 214 that was issued on 2 June 2003 and orders, dated 3 June 2008, that removed him from the TDRL and retired him due to permanent physical disability in support of this application.
CONSIDERATION OF EVIDENCE:
1. The applicant's military records, although somewhat incomplete, show that he served in the Regular Army in an enlisted status from 7 July 1989 to 3 August 1992, and again from 27 December 1993 to 24 March 1995, with the last period of service terminated due to hardship. He enlisted again on 15 March 1999, completed the Warrant Officer Candidate School, and was honorably discharged on 5 May 1999 to accept a warrant officer appointment in the United States Army Reserve with concurrent call to active duty on 6 May 1999. He was promoted to chief warrant officer two on 6 May 2001.
2. The applicant's DD Form 214 that was issued on 2 June 2003 shows that he was retired by reason of temporary physical disability and placed on the TDRL with a 60-percent disability rating.
3. USAPDA Orders D155-08, dated 3 June 2008, removed the applicant from the TDRL effective 2 June 2008 and retired him on 3 June 2008 due to permanent physical disability with an 80-percent disability rating.
4. Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) provides, in pertinent part, that an individual may be placed on the TDRL for up to 5 years as allowed by Title 10, United States Code, section 1210, when it is determined that the individual's physical disability is not stable and he or she may recover and be fit for duty or the individual's disability is not stable and the degree of severity may change within the next 5 years so as to change the disability rating.
5. Army Regulation 635-5 (Separation Documents) states, in pertinent part, that a DD Form 214 will be prepared at the conclusion of a period of active Federal service. An individual whose name is placed on the TDRL is considered to have been released from active Federal service and, as such, is issued a DD Form 214 at that time. While on the TDRL, individuals do not accumulate active Federal service and, as such, when their names are removed from the TDRL a new DD Form 214 is not issued as they were not in an "active" status while on the TDRL.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that item 28 of his DD Form 214 that was issued on 2 June 2003 should be changed to show that he was retired due to permanent physical disability and that item 18 of this document should be corrected to show that he was awarded an 80-percent disability rating from the Army.
2. While it is understandable why the applicant wishes to have his DD Form 214 that was issued on 2 June 2003 corrected to show that he was permanently retired due to physical disability with an 80-percent disability rating, this DD Form 214 was properly prepared in accordance with Army Regulation 635-5. The fact that he was subsequently removed from the TDRL and retired due to permanent physical disability with an 80-percent disability rating is accurately reflected in orders, dated 3 June 2008.
3. 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. In view of the foregoing, there is no basis for granting relief to the applicant in this case.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____x____ ___x_____ ___x_____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during his military career are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
___________x______________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20090008962
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090008962
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130009681
Correction of her retirement orders to show she was retired for a disability vice in accordance with (IAW) Title 10, U.S. Code (USC), chapter 61. c. Correction of her DD Form 214 and retirement orders to show she received a permanent disability retirement effective 4 November 2004 vice being placed on the Temporary Disability Retired List (TDRL). Orders Number D139-27, issued by the U.S. Army Physical Disability Agency (USAPDA), dated 19 May 2010, show: * she held the rank of SGT * she was...
ARMY | BCMR | CY2009 | 20090003351
The USAPDA recited the PEB findings of DM, chronic low back pain, and chronic neck pain, and stated that there were no other conditions found unfitting at the time the applicant was placed on the TDRL with a 40 percent disability rating. The USAPDA stated that the applicant underwent reevaluation while on the TDRL and the examination revealed chronic neck and back pain with range of motion limited by pain. The PEB found no neurologic abnormalities in the extremities that warranted findings...
ARMY | BCMR | CY2008 | 20080017158
The applicant requests that his 22 February 2008 temporary disability retired list (TDRL) physical evaluation board (PEB) be corrected to show his disabilities were incurred in line of duty and increase the recommended disability percentage for his panic disorder medical condition from 10 percent to 50 percent. The applicant was rated under the Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) and was granted a 30 percent disability rating for code 9412 (panic...
ARMY | BCMR | CY2004 | 20040011498C070208
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 | CY2015 | 20150004375
The applicant provides: * DD Form 214 ending on 27 February 2007 * DD Form 215 (Correction to DD Form 214) * Listing of Iraq/Afghanistan Campaign Medals and designated phases * TDRL retirement orders * PDRL retirement orders * DA Form 199 (Physical Evaluation Board (PEB) Proceedings) * 2005 mobilization orders * 2007 release from active duty orders COUNSEL'S REQUEST, STATEMENT AND EVIDENCE: 1. It provides a brief, clear-cut record of active duty service at the time of release from active...
ARMY | BCMR | CY2009 | 20090000647
In 2006, the VA rated his disability, post-traumatic stress disorder, at 100-percent disabling. Counsel states, in effect, that the applicant's discharge should be changed from medically separated with severance pay to retirement with permanent disability. The fact that the VA increased his disability rating for post-traumatic stress disorder from 50 percent to 100 percent 5 years after the applicant was discharged from the TDRL does not show that his rating by the Army was in error.
AF | PDBR | CY2011 | PD2011-00943
The PEB adjudicated the asthma as unfitting, rated 30%, citing criteria of the Veterans Administration Schedule for Rating Disabilities (VASRD); and, placed the CI on the Temporary Disability Retired List (TDRL). This decision was affirmed on review by the US Army Physical Disability Agency (USAPDA); and, the CI was removed from TDRL in 2006 and permanently separated with a 10% disability rating. Asthma660230%10%Asthma660230%No Additional MEB EntriesRight Shoulder...
ARMY | BCMR | CY2010 | 20100026746
The evidence of record shows the applicant was retired from active duty on 23 September 2008 under the provisions of Army Regulation 635-40, paragraph 4-24b(2), by reason of temporary disability with a corresponding SPD code of SFK. Therefore, he received the appropriate reason for separation and SPD code associated with his retirement from active duty and he is not entitled to the requested relief. A member may be found fit for duty, permanently retired, extended on the TDRL, or separated...
ARMY | BCMR | CY2011 | 20110019401
The applicant states his final disability rating needs to be corrected to include the two secondary conditions as stated by military medical doctors in both of his post-Temporary Disability Retired List (TDRL) medical examinations. The USAPDA recommended no change in the applicant's final Army disability percentage; however, the applicant's 7 December 2010 PEB Proceedings should be amended to reflect that his left wrist pain is unfitting and rated at 10 percent. As a result, the Board...
ARMY | BCMR | CY2006 | 20060001427C070205
The applicant’s service and VA medical records, as well as MEB/PEB documents and TDRL evaluations, were not available for Board review. The applicant’s spouse contends that VA doctors provided medical updates to Fort Bragg medical officials for a second TDRL evaluation. The applicant’s disability rating is being based upon his condition as it was at the time he was placed on the TDRL.