IN THE CASE OF:
BOARD DATE: 26 July 2011
DOCKET NUMBER: AR20110013633
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 AR20100029393 dated 24 January 2011.
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 AR20100029393 dated 24 January 2011, 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 AR20100029393 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 AR20100029393 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 ABCMR set forth in Docket Number AR20100029393 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 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) AR20110013633
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
SUPPLEMENTAL RECORD OF PROCEEDINGS
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ABCMR Supplemental Record of Proceedings (cont) AR20110013633
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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