MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            17 December 1998
	DOCKET NUMBER:   AC98-10065

	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.

	Mr. Loren G. Harrell		Director	
	Mr. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

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

	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 to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	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:  In effect, that he be permanently medically retired.  In addition, he requests that the next to last digit of his Social Security Account Number (SSAN) be corrected from an 8 to a 3.

APPLICANT STATES:  That he joined the Army a healthy man and was placed on the Temporary Disability Retired List (TDRL) in 1981.  He was supposed to have been reevaluated within 18 months of his placement on the TDRL, but has never been scheduled for such an examination.  He states that he still receives a pension as a result of a 100 percent disability rating by the VA and encloses a letter from the VA stating that he is 100 percent disabled due to a service connected medical condition.

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

He enlisted in the Regular Army on 6 January 1981.  At that time his recruiter verified his SSAN with his SSAN card.  He was awarded the specialty of cannon crewman, and was promoted to pay grade E-2.

On 28 July 1981 the applicant was admitted to a military hospital stating that he thought he was going crazy.  He reported having insomnia of 4 week duration and having auditory hallucinations.

He was given medication and was kept under psychiatric observation.  His auditory hallucinations and his suspicious paranoid behavior rapidly resolved under that treatment.  He was rapidly given open ward status.  His physician stated that “He is currently continuing to progress and has markedly improved his interpersonal interaction.”  He was then diagnosed as having a schizophreniform disorder and referred to a physical evaluation board (PEB).

Accordingly, on 2 September 1981 a PEB determined that the applicant was physically unfit and recommended that he be placed on the TDRL with a reexamination scheduled for March 1983.

He was honorably released from active duty on 5 October 1981 and placed on the TDRL the following day.

On 2 June 1983 it was reported that the applicant had failed to report for a periodic examination at the VA hospital in Syracuse, New York.

On 15 June 1983 a failure to report letter was sent to the applicant.  On 4 August 1983 a second failure to report letter was sent to him by certified mail.  Although he signed for that letter, he did not respond.

Accordingly, on 30 September 1983 his pay was terminated.

On 28 February 1986 West Point was directed to provide the applicant an examination prior to him going beyond the 5 year statutory limit for assignment to the TDRL.  Apparently, several attempts to contact the applicant proved to be unsuccessful.

When the applicant’s assignment to the TDRL exceeded 5 years, on 19 December 1986 he was notified that he had been removed from the TDRL without entitlement to benefits effective 6 October 1986.  That letter informed him that no factual determination as to entitlement to benefits could be made since he had not appeared for scheduled medical examinations.

Army Regulation 635-40, paragraph 7-2, provides that an individual may be placed on the TDRL when it is determined that the individual’s physical disability is not stable and the degree of severity may change within the next 5 years so as to change the disability rating. 

Title 10, United States Code, section 1210, limits the amount of time a soldier may be assigned to the TDRL to 5 years.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:

1.  The applicant was placed on the TDRL because his medical condition was not stable.  It could improve or deteriorate.

2.  Contrary to the applicant’s assertion, several efforts were made to contact and notify him of periodic medical examination appointments.

3.  Since the applicant failed to report for his required scheduled examinations, the Army had no choice but to separate him without benefits when he reached the statutory limit on TDRL assignment.

4.  As for his SSAN, the SSAN listed on his DD Form 214 is the same as the SSAN that was listed on his SSAN card when he enlisted.  The applicant has not submitted any evidence which would show that this SSAN is incorrect.

5.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

_KLW___  _MHM___  _KLW___  DENY APPLICATION

						Loren G. Harrell
						Director

CASE ID	AC98-10065	
SUFFIX		
RECON		
DATE BOARDED	1998 December 17	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1981 October 05	
DISCHARGE AUTHORITY	AR .635-200, Chapter 4	
DISCHARGE REASON	Physical Disability Temporary	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	108.04	
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