MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           03 March 1999  
	DOCKET NUMBER:   AC98-10170
                                              AR1999015580

	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	
	Ms. Juanita I. Williams		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Edward Williamson		Member	
	Mr. Gary C. Miller		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:  Correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) by changing item 28 (narrative reason for separation) from ”physical disability – temporary” to permanent disability.  

APPLICANT STATES:  That he thinks his DD Form 214 should be corrected for future use.   

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

He enlisted in the Regular Army on 20 November 1984 and attained the pay grade of E-4.  He was honorably released from active duty on 17 March 1987 and placed on the Temporary Disability Retired List (TDRL) the following day, rated 30 percent disabled, following reconstructive surgery of his right knee due to an injury incurred while playing field soccer.   

Upon release from active duty the applicant was issued a DD Form 214 showing he had completed 2 years, 3 months, and 28 days of active service and was honorably retired for physical disability – temporary.  

As required by Army policy concerning individuals on the TDRL, the applicant was medically re-examined in December 1987.  Thereafter, a physical evaluation board (PEB) determined that his condition had stabilized and that he remained unfit for military duty.  As a result, the PEB recommended that he be permanently retired, rated 30 percent disabled.  

On 25 March 1988 the U. S. Army Total Personnel Command (PERSCOM) issued orders removing the applicant form the TDRL and permanently retiring him.  The orders show the date the applicant was placed on the TDRL (18 March 1987) and the date of his removal from the TDRL (8 April 1988).  The orders also indicated that on the date following his removal from the TDRL, he would be permanently retired because of permanent disability.  The PERSCOM forwarded copies of the orders to the applicant on 25 March 1988 and advised him that since he was being permanently retired, it was suggested that he obtain from the nearest Army installation an application form for a new identification and privilege card for himself and his family members, and that the enclosed orders must be submitted with the application.  

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

1.  As the name of the DD Form 214 (Certificate of Release or Discharge from Active Duty) implies the form is prepared to document a military member’s separation from a period of active duty.  It is not issued when a member’s status changes from one inactive category to another inactive category.  
2.  In this case, the applicant was properly issued a DD Form 214 when he was released from active duty on 17 March 1987.  While on the TDRL he was in an inactive status.  Thus, when he was removed from the TDRL and permanently retired, without returning to active duty, he was not entitled to another DD Form 214.  

3.  Further, to correct the DD Form 214 he was issued on 17 March 1987 by changing the narrative reason for separation (physical disability – temporary) to permanent retirement would be inappropriate and misleading.  

4.  The applicant apparently  believes that if his DD Form 214 is not corrected to show he was permanently retired, he may encounter problems in the future.  However, the Board notes that the orders removing him from the TDRL and permanently retiring him, in combination with his DD Form 214, show the date he entered active duty, the date he was separated from active duty, the date he was placed on the TDRL, the date he was removed from the TDRL and the date he was permanently retired.  These two documents, together, should clarify any questions raised concerning his military service, status, and separation.   

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

____X___  ___X____  ____X___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC 98-10170
AR1999015580
	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990303	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.108.0400		
2.108.0500		
3.		
4.		
5.		
6.