IN THE CASE OF:
BOARD DATE: 14 April 2015
DOCKET NUMBER: AR20150005814
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:
13. On 7 April 2015, new information was received from the Defense Finance and Accounting Service (DFAS) and the applicant in regard to the decision of the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20130022069, dated 11 September 2014.
14. The evidence submitted consists of a letter from DFAS informing him of a collection of active duty pay and allowances from 23 September 2008 through
31 December 2008 in the amount of $26,010.19 and retired pay payment in the amount of $4,123.56 (applied to the debt).
ADDITIONAL DISCUSSION AND CONCLUSIONS:
4. At the time of the decision of the ABCMR in Docket Number AR20130022069, dated 11 September 2014, it was the intent of the ABCMR to make the applicants record as administratively correct as it should properly have been at the time.
5. The ABCMR's decision in Docket Number AR20130022069, erroneously stated in the:
a. DISCUSSION AND CONCLUSIONS: 2. Therefore, given the opinion of the USAPDA after an evaluation of the applicants case, it appears it would be in the interest of justice to void his 31 December 2008 discharge and show he was retired by reason of temporary disability under the provisions of Army Regulation 635-40, with a 30% disability rating (temporary rating of 50%) effective 23 September 2008 [emphasis added], and that he was removed from the TDRL effective 1 April 2009 and permanently retired by reason of permanent disability with a 60% disability rating, with entitlement to all back retired pay that flows from that change, less any funds already received.
b. BOARD DETERMINATION/RECOMMENDATION: "Issuing him new orders, effective 23 September 2008 [emphasis added], showing he was retired due to temporary disability with a 30% disability rating (50% temporary disability) under the provisions of Army Regulation 635-40."
6. On 2 December 2014, the U.S. Army Physical Disability Agency published Orders 336-54 placing him on the TDRL effective 23 September 2008 and removing him from the TDRL effective 1 April 2009 because of permanent disability.
7. The effective date of placement on the TDRL should have been 31 December 2008. It is clear that the intent of the Board is to grant relief but the wording of the recommendation was not accurate. Therefore, in order to avoid penalizing the applicant and in order to satisfy the DFAS requirement to state the correct date of placement on the TDRL, the recommendation in ABCMR Docket Number AR20130022069, dated 11 September 2014, should be amended as shown below.
BOARD VOTE:
___x____ ___x____ ___x____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
2. 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 AR20130022069, dated 11 September 2014 by:
* voiding Orders 331-0116, dated 28 November 2008, showing he was discharged effective 31 December 2008
* issuing him new orders, effective 31 December 2008, showing he was retired due to temporary disability with a 30% disability rating (50% temporary disability) under the provisions of Army Regulation 635-40
* issuing him orders showing that he was removed from the TDRL effective 1 April 2009 and permanently retired with a 60% disability rating
* paying him all back retired pay that flows from this change less funds already received
_______ _ 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.
SAMR-RBR 21 April 2015
MEMORANDUM FOR RECORD
SUBJECT: AR20150005814, Supplemental Record of Proceeding (ROP) - Administrative Error
On Tuesday, 21 April 2015, Team 2 identified an administrative error in subject as above Record of Proceeding (ROP), paragraph "BOARD DETERMINATION/RECOMMENDATION." When the ROP was prepared, an inadvertent error was made when identifying the "Order" number to be corrected. The ROP identifies "voiding Orders 331-0116" when it should have stated "voiding Orders 333-0116." To ensure the proper corrective action is taken, I crossed through the wrong number and inserted the correct number.
Additionally, I initialed the change and will add this memorandum for record to the official file.
Deputy Director, Army Board for Correction of Military Records
ABCMR Record of Proceedings (cont) AR20150005814
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
SUPPLEMENTAL RECORD OF PROCEEDINGS
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ABCMR Supplemental Record of Proceedings (cont) AR20150005814
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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