MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:            31 March 1999
	DOCKET NUMBER:   AR1999020985

	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. Wanda L. Waller		Analyst	

The following members, a quorum, were present:

	Mr. Curtis W. Barbee		Chairperson	
	Mr. John H. Kern		Member	
	Mr. Walter T. Morrison		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, correction of his DD Form 214 (Report of Separation from Active Duty) to reflect that he was removed from the Temporary Disability Retired List (TRDL) effective 31 July 1979. 

APPLICANT STATES:  In effect, that his DD Form 214 shows his type of separation as retirement, when in fact, he was removed from the TDRL on 
31 July 1979.  He contends that he did not receive an updated DD Form 214.  In support of his application, he submits a letter dated 9 September 1998 to the Records Center requesting an updated DD Form 214 or retired ID card, copies of orders placing him on the TDRL and removing him from the TDRL, a copy of his DD Form 214 and a letter from the VA dated 2 December 1997.

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

He graduated from the U.S. Military Academy in West Point, New York, and was commissioned a second lieutenant on 4 June 1975.  He was promoted to first lieutenant on 4 June 1977.

The applicant was separated from active duty with an honorable discharge on 
31 August 1977 and placed on the TDRL because of physical disability (80%).  He was removed from the TDRL and discharged with severance pay because of permanent physical disability (10%) on 31 July 1979.

His DD Form 214 with an effective date of 31 August 1977 does not indicate that he was removed from the TDRL effective 31 July 1979.

Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214.  In pertinent part, it directs that a DD Form 214 will be prepared for all personnel at the time of their retirement, discharge, or release from the Active Army.  The regulation also states that, a DD Form 214 will not be prepared for members being removed from the TDRL. 

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 evidence of record shows the applicant was issued a DD Form 214 at the time of his release from active duty on 31 August 1977.

2.  Contrary to the applicant’s contention that he did not receive an updated
DD Form 214 when he was removed from the TDRL, in accordance with the governing regulation, a DD Form 214 will not be prepared for members being removed from the TDRL.  Therefore, his DD Form 214 is correct as currently constituted.

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

__wtm___  __jhk ___  ___cwb__  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC1999020985	
SUFFIX		
RECON		
DATE BOARDED	1999/03/31	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  189	110.000	
2.  182	108.050	
3.		
4.		
5.		
6.