PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           16 December 1999                   
	DOCKET NUMBER:   AR1999020067

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Loren G. Harrell		Director	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Fred K. McCoy		Chairperson	
	Mr. Raymond V. O’Connor, Jr.		Member	
	Mr. Stanley Kelley		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

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

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests, in effect, that the correct date of his discharge be established and the incorrect discharge be voided.

3.  The applicant makes no statement but provides two sets of discharge orders/certificates as supporting evidence.

4.  The applicant’s military records show that he was born on 5 February 1947. After having had prior service in the U. S. Marine Corps and the Army National Guard, he entered the U. S. Army Reserve in 1991.  

5.  In February 1996, a Physical Evaluation Board (PEB) found the applicant unfit for duty by reason of left knee pain status post fractured patella and mechanical low back pain.  (Both diagnoses were service-connected – he broke his knee during his last tour of active duty for training (ADT) and injured his back during his service in Vietnam).  He concurred in the findings.  Because he had received his 20-year letter (notification of eligibility to receive retired pay at age 60), he had the option of electing transfer to the Retired Reserve or discharge with disability severance pay.  He elected discharge with severance pay and the U. S. Total Army Personnel Command accordingly published orders on 9 September 1996 discharging him from the U. S. Army Reserve under the provisions of Army Regulation 635-40 effective 23 September 1996.

6.  On 17 December 1996, the U. S. Army Reserve Personnel Center (ARPERCEN) published orders discharging the applicant from the U. S. Army Reserve under the provisions of Army Regulation 135-175, Separation of Officers, for an unknown reason.

7.  Army Regulation 635-40 governs the evaluation of physical fitness of soldiers who may be unfit to perform their military duties because of physical disability.  Paragraph 8-2 provides that soldiers of the reserve components eligible for processing under this paragraph are those who incur a disability from an injury determined to be the proximate result of performing ADT in addition to other training periods.

CONCLUSIONS:

1.  The Board concludes that a Government error occurred in this case.  The applicant incurred his disabilities while on active duty and while on ADT so he was properly evaluated under the Physical Disability Evaluation System and properly discharged with disability severance pay effective 23 September 1996.  It appears ARPERCEN may not have been aware of this discharge when they published their discharge orders just 3 months later.

2.  In view of the foregoing, it would be in the interest of justice to correct the applicant’s records as recommended below.
RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by revoking orders D-12-605115 dated 17 December 1996 and voiding
the applicant’s honorable discharge effective 17 December 1996.

BOARD VOTE:  

__fkm___  __rvo___  ___sk___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Fred K. McCoy
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999020067	
SUFFIX		
RECON		
DATE BOARDED	19991216	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	100.00	
2.		
3.		
4.		
5.		
6.