IN THE CASE OF:
BOARD DATE: 3 February 2011
DOCKET NUMBER: AR20110001769
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).
CONSIDERATION OF ADDITIONAL EVIDENCE:
7. On 1 February 2011, new information was received from the United States Army Physical Disability Agency (USAPDA) in regard to the decision of the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20100024695, dated 3 December 2010.
8. The evidence submitted consists of clarification on the administrative processing requirements for members permanently retired who should have been placed on the Temporary Disability Retired List (TDRL) for a minimum of six months and then re-evaluated.
ADDITIONAL DISCUSSION AND CONCLUSIONS:
7. At the time of the decision of the ABCMR in Docket Number AR20100024695, dated 3 December 2010, it was the intent of the ABCMR to make the applicantÂ’s record as administratively correct as it should properly have been at the time of release from active duty.
8. The ABCMR's decision in Docket Number AR20100024695 incorrectly recommended the applicant be retroactively placed on the Permanent Disability Retired List (PDRL) at no less than 50 percent disability rating for PTSD for a minimum of six months effective the date initially placed on the Permanent Disability Retired List (PDRL).
9. The ABCMR decision in AR20100024695 should have recommended the applicant be retroactively placed on the TDRL at no less than 50 percent disability rating for Post Traumatic Stress Disorder (PTSD) for a minimum of six months effective the date initially placed on the retired list.
BOARD VOTE:
___X_____ ___X_____ ____X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
3. The Board determined that the evidence presented was sufficient to
warrant amendment of the decision of the Army Board for Correction of
Military Records set forth in Docket Number AR20100024695, dated
3 December 2010, by replacing paragraph 1a and 1b of the original
BOARD DETERMINATION/RECOMMENDATION with the following paragraphs:
Paragraph 1a - retroactively placing the individual concerned on the TDRL for a minimum of six months at no less than 50 percent disability rating for PTSD effective the date initially placed on the retired list.
Paragraph 1b - the PDA reevaluating the applicant's medical conditions based on all available applicable evidence without regard to any DoD or Army regulations or guidelines that were inconsistent with the VASRD in effect at the time of the original adjudication to determine the appropriate final disability rating, which will be no less than the original disability rating.
_______ _ XXX_______ ___
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) AR20110001769
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
SUPPLEMENTAL RECORD OF PROCEEDINGS
1
ABCMR Supplemental Record of Proceedings (cont) AR20110001769
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110002777
The Board determined that the evidence presented was sufficient to warrant amendment of the decision of the Army Board for Correction of Military Records set forth in Docket Number AR20100025221, dated 3 December 2010, by replacing paragraph 1a and 1b of the original BOARD DETERMINATION/RECOMMENDATION with the following paragraphs: Paragraph 1a - "retroactively placing the individual concerned on the TDRL for a minimum of six months at no less than 50 percent disability rating for PTSD...
ARMY | BCMR | CY2011 | AR20110007802
The Board determined that the evidence presented was sufficient to warrant amendment of the decision of the Army Board for Correction of Military Records set forth in Docket Number AR20100024679, dated 3 December 2010, by replacing paragraph 1a and 1b of the original BOARD DETERMINATION/RECOMMENDATION with the following paragraphs: Paragraph 1a - "retroactively placing the individual concerned on the TDRL for a minimum of six months at no less than 50 percent disability rating for PTSD...
ARMY | BCMR | CY2011 | 20110001768
The Board determined that the evidence presented was sufficient to warrant amendment of the decision of the Army Board for Correction of Military Records set forth in Docket Number AR20100025232, dated 3 December 2010, by replacing paragraph 1a and 1b of the original BOARD DETERMINATION/RECOMMENDATION with the following paragraphs: Paragraph 1a - retroactively placing the individual concerned on the TDRL for a minimum of six months at no less than 50 percent disability rating for PTSD...
ARMY | BCMR | CY2011 | AR20110001756
The Board determined that the evidence presented was sufficient to warrant amendment of the decision of the Army Board for Correction of Military Records set forth in Docket Number AR20100024658, dated 3 December 2010, by replacing paragraph 1a and 1b of the original BOARD DETERMINATION/RECOMMENDATION with the following paragraphs: Paragraph 1a - "retroactively placing the individual concerned on the TDRL for a minimum of six months at no less than 50 percent disability rating for PTSD...
ARMY | BCMR | CY2011 | AR20110013627
On 1 February 2011, new information was received from the United States Army Physical Disability Agency (USAPDA) in regard to the decision of the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20100026721 dated 3 December 2010. The Board determined that the evidence presented was sufficient to warrant amendment of the decision of the ABCMR set forth in Docket Number AR20100026721 dated 3 December 2010, by replacing paragraph 1a and 1b of the original BOARD...
ARMY | BCMR | CY2011 | AR20110008700
The Board determined that the evidence presented was sufficient to warrant amendment of the decision of the Army Board for Correction of Military Records set forth in Docket Number AR20110000098, dated 24 January 2011, by replacing paragraph 1a and 1b of the original BOARD DETERMINATION/RECOMMENDATION with the following paragraphs: Paragraph 1a - "retroactively placing the individual concerned on the TDRL for a minimum of six months at no less than 50 percent disability rating for PTSD...
ARMY | BCMR | CY2011 | AR20110013633
On 1 February 2011, new information was received from the United States Army Physical Disability Agency (USAPDA) in regard to the decision of the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20100029393 dated 24 January 2011. The Board determined that the evidence presented was sufficient to warrant amendment of the decision of the ABCMR set forth in Docket Number AR20100029393 dated 24 January 2011, by replacing paragraph 1a and 1b of the original BOARD...
ARMY | BCMR | CY2011 | AR20110005941
The applicant requests correction of records to show assignment of the highest final disability rating applicable and not less than 50 percent for unfitting Post-Traumatic Stress Disorder (PTSD) retroactive to the active duty release date. On 16 May 2005, the applicant was released from active duty and on 17 May 2005, the applicant was placed on the Permanent Disability Retired List (PDRL) with a 60 percent disability rating. As a result, the Board recommends that all Department of the...
ARMY | BCMR | CY2010 | 20100024261
The applicant requests correction of records to show assignment of the highest final disability rating applicable and not less than 50 percent for unfitting Post-Traumatic Stress Disorder (PTSD) retroactive to the active duty release date. The PEB further recommended the applicant be placed on the Temporary Disability Retired List (TDRL) with subsequent reevaluation. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a....
ARMY | BCMR | CY2011 | AR20110001914
The applicant requests correction of records to show assignment of the highest final disability rating applicable and not less than 50 percent for unfitting Post-Traumatic Stress Disorder (PTSD) retroactive to the active duty release date. The PEB further recommended the applicant be placed on the Temporary Disability Retired List (TDRL) with subsequent reevaluation. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a....