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ARMY | BCMR | CY2011 | 20110002777
Original file (20110002777.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  16 February 2011

		DOCKET NUMBER:  AR20110002777 


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 15 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 AR20100025221, 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:

6.  At the time of the decision of the ABCMR in Docket Number AR20100025221, 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.

7.  The ABCMR's decision in Docket Number AR20100025221 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). 



8.  The ABCMR decision in AR20100025221 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 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 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)                                         AR20110002777





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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 SUPPLEMENTAL RECORD OF PROCEEDINGS


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ABCMR Supplemental Record of Proceedings (cont)                 AR20110002777



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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