MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:            24 March 1999 
	DOCKET NUMBER:   AR 1999018689

	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.	Deyon D. Battle		Analyst	

	The following members, a quorum, were present:

	Mr.	James E. Vick		Chairperson	
	Mr.	Roger W. Able		Member	
	Mr.	Allen L. Raub		Member	

	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 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:  That his Certificate of Release or Discharge (DD Form 214) be corrected to show that he was discharged by reason of permanent physical disability.

APPLICANT STATES:  That on 11 September 1998, he was removed from the Temporary Disability Retired List (TDRL) and placed on the Permanent Disability Retired List (PDRL).

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

On 12 December 1967, he enlisted in the Army in the pay grade of E-1 and he remained on active duty through a series of reenlistments.  He successfully completed his training as a cannon crewmember and as a unit supply specialist.

On 12 December 1986 an informal Physical Evaluation Board (PEB) found the applicant unfit for retention on active duty due to diffuse, non-cleaved, large cell gastric lymphoma, without evidence of metastases, treated by gastrectomy, splenectomy and left lateral lobar hepatectomy.  The PEB recommended that he be discharged from the Army and placed on the TDRL.

Accordingly, on 26 March 1987, he was retired by reason of physical disability and he was placed on the TDRL on the following day.  He had completed 19 years 2 months and 17 days of total active service.

On 9 August 1989, a formal PEB also found the applicant to be unfit for retention on active duty and recommended that he be removed from the TDRL and placed on the PDRL with a combined rating of 40 percent.

Accordingly, on 11 September 1989, he was removed from the TDRL and he was placed on the PDRL on the following day.

Army Regulation (AR) 635-5 serves as the authority for the preparation of the DD Form 214.  It states, in pertinent part, that the information contained on the DD Form 214 will apply only to the period of service covered by the DD Form 214 and that changes will not be made to the DD Form 214 when individuals are transferred from the TDRL to PDRL. 

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.  The actions by the Army in this case were proper, and there is no doubt to be resolved in favor of the applicant.

2.  Although the applicant was subsequently placed on the PDRL, his DD Form 214 was prepared in accordance with AR 635-5 as it appropriately reflects his status at the time of his separation from the Army.

3.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

4.  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

___jev___  __rwa___  ___alr___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999018689	
SUFFIX		
RECON		
DATE BOARDED	1999/03/24	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	 DENY	
REVIEW AUTHORITY		
ISSUES         1.  181	108.040	
2.189	110.000	
3.		
4.		
5.		
6.