MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            17 December 1998
	DOCKET NUMBER:   AC98-06340

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.  The following members, a quorum, were present:

	Ms.	Karen L. Wolff		Chairperson	
	Mr.	Melvin H. Meyer		Member	
	Mr.	Kenneth L. Wright		Member	

	Also present, without vote, were:

	Mr.	Loren G. Harrell		Director	
	Mr.	Ed Clark		Analyst	

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether he application was filed within the time established by statute, and if not, whether it would be in the interest of justice to waive the failure to timely file.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  That she be returned to temporary disability retired list (TDRL) status.  She states that she believes that she was erroneously removed from TDRL status; and that she continues to suffer with the same medical problem.

PURPOSE:  To determine whether the application was submitted within the time limit established by law, and if not, whether it is in the interest of justice to excuse the failure to timely file.

EVIDENCE OF RECORD:  The applicant's military records show:

She entered active duty on 29 December 1986.  She served as a medical specialist and attained pay grade E-4.

On 4 June 1990 she underwent a medical evaluation board (MEBD).  She was referred to a physical evaluation board with the diagnosis of Crohn’s Disease (a chronic inflammatory condition of the gastrointestinal tract).

On 26 September 1990 a physical evaluation board found her physically unfit and rated her condition, although in remission at the time, as 30 percent disabling.  TDRL status was recommended and approved and, on 11 December 1990 she was placed in that status.

On 2 September 1992, following a TDRL evaluation which described her condition at that time as active with mild to moderate symptoms, a PEB determined that she remained physically unfit and that her condition was stable for rating purposes.  The PEB recommended that her condition be rated 
10 percent disabling; and that she be separated with entitlement to disability severance pay.

On 27 October 1992 she was administratively removed from TDRL status.

A VA Rating Decision is not in the available records.

Army Regulation 635-40, Physical Disability Retirement or Separation, paragraph 7-2, provides that an individual may be placed in a TDRL status for a maximum period of 5 years when it is determined that the individual is qualified for disability retirement under Title 10, United States Code, section 1201, but for the fact that his or her disability is not stable and the individual may recover and be fit for duty, or the degree of severity may increase or decrease so as to warrant a change in the disability rating.

Title 10, United States Code, section 1203, provides for the physical disability separation of a member who has an impairment rated at less than 30 percent disabling.

Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  Failure to file within 3 years may be excused by a correction board if it finds it would be in the interest of justice to do so.

DISCUSSION:  The alleged error or injustice was, or with reasonable diligence should have been discovered on 27 October 1992, the date she was administratively removed from TDRL status.  The time for the applicant to file a request for correction of any error or injustice expired on 27 October 1995.

The application is dated 4 June 1997 and the applicant has not explained or otherwise satisfactorily demonstrated by competent evidence that it would be in the interest of justice to excuse the failure to apply within the time allotted.

DETERMINATION:  The subject application was not submitted within the time required.  The applicant has not presented and the records do not contain sufficient justification to conclude that it would be in the interest of justice to grant the relief requested or to excuse the failure to file within the time prescribed by law.

BOARD VOTE:

________  ________  ________  EXCUSE FAILURE TO TIMELY FILE

________  ________  ________  GRANT FORMAL HEARING

KLW____  MHM____  KLW____  CONCUR WITH DETERMINATION

		Loren G. Harrell
		Director

INDEX

CASE ID	AC98-06340	
SUFFIX		
RECON		
DATE BOARDED	1998 December 17	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110	
2.		
3.		
4.		
5.		
6.