PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:            20 June 2000
	DOCKET NUMBER:   AR1999029063

	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. Carl W. S. Chun
Mr. Robert J. McGowan		Director
Analyst	

  The following members, a quorum, were present:

	Mr. Van B. Cunningham 		Chairperson	
	Mr. James E. Anderholm		Member	
	Mr. Ernest W. Lutz Jr.		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 that her DD Form 214, Report of Separation from Active Duty, be corrected to reflect “Expiration Term of Service (ETS)” as the reason for separation.

3.  The applicant states that her DD Form 214 is incorrect.  She contends that she was never “retired” and has never received retired pay.  She does not want her DD Form 214 to reflect “retirement” as the reason for separation.

4.  The applicant’s military records show that she enlisted in the Regular Army for 4 years on 18 February 1975.  She rose to the rank of Specialist Five (E-5) and was honorably discharged on 20 August 1979.  She had 4 years, 6 months, and 3 days of creditable active Federal service and no lost time.  She was retained in service for 183 days beyond her ETS date for physical disability processing.

5.  On 10 July 1979, the applicant underwent a Physical Evaluation Board (PEB) which determined that she was 30 percent disabled due to:  chondromalacia patellae, manifested by pain and positive patellar compression; limitation of motion in right ankle with mild osteoarthritis (right knee, left knee, right ankle).  She was found unfit and placed on the Temporary Disability Retired List (TDRL) with a reexamination scheduled for January 1981.  The applicant was issued a DD Form 214 which shows the type of separation as “Retirement” and the authority and reason for separation as “Title 10 USC 1202  SPD  SFK.”

6.  On 20 February 1981, the applicant underwent a second PEB which found her medical condition improved, but declared her physically unfit with a rating of 20 percent.  She was separated from the Army by Headquarters, US Army Military Personnel Center, Alexandria, Virginia, Order No. D51-5, dated 17 March 1981.  This order removed her from the TDRL and separated her with a 20 percent disability rating which entitled her to severance pay.  The effective date of her separation was 31 March 1981.

7.  Army Regulation 635-5 prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for preparing and distributing DD Form 214 (Certificate of Release or Discharge from Active Duty).  It states, in pertinent part, that a DD Form 214 will be prepared for all personnel at the time of their retirement, discharge, or release from the Active Army, including separated for physical disability under the provisions of AR 635-40, regardless of the period of time served on active duty.

8.  Army Regulation 635-40 sets forth policies, responsibilities, and procedures that apply in determining whether a soldier is unfit because of physical disability to reasonably perform the duties of his or her office, grade, rank, or rating.  If a soldier is found unfit because of physical disability, this regulation provides for disposition of the soldier according to applicable laws and regulations.  A soldier who is determined to be unfit to perform the duties of his or her office, grade, rank, or rating with a condition determined to be temporary or unstable will be placed on the Temporary Disability Retired List (TDRL).  The disability must be rated at a minimum of 30 percent or the soldier must have 20 years of service computed under section 1208, title 10, United States Code (10 USC 1208).  Placement on the TDRL will not exceed 5 years, after which time the soldier will be evaluated and returned to duty, permanently retired, or separated with disability.

CONCLUSIONS:

1.  The applicant had an unfitting medical condition.  Her administrative processing, to include her placement on the TDRL and receipt of a DD Form 214 denoting “Retirement,” was in accordance with regulations.

2.  A portion of the applicant’s DD Form 214 was incorrectly completed.  Block 9c (Authority and Reason [for separation]) reads “TITLE 10 USC 1202  SPD  SFK.”  In accordance with applicable regulations then in effect, it should have read “Para 4-19e(2), AR 635-40  Physical disability, temporary  SPD  SFK.”

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by issuing a DD Form 215, Correction to DD Form 214, to the individual concerned that reflects the following in Block 9c (Authority and Reason) – Para 4-19e(2), AR 635-40  Physical disability, temporary  SPD  SFK.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

__vbc___  __jea___  __ewl____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Van B. Cunningham_
		        CHAIRPERSON

INDEX

CASE ID	AR1999029063	
SUFFIX		
RECON		
DATE BOARDED	20000620	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY	DASA	
ISSUES         1.	110.0200	
2.		
3.		
4.		
5.		
6.