MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            6 July 2000
	DOCKET NUMBER:   AR2000037778

	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. Carl W. S. Chun		Director	
	Mr. Joseph A. Adriance		Analyst	

The following members, a quorum, were present:

	Mr. Calvin M. Fowler		Chairperson	
	Mr. Ernest M. Willcher		Member	
	Mr. John P. Infante		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, that he be issued a military identification (ID) card.  

APPLICANT STATES:  In effect, at the time the Physical Evaluation Board (PEB) decided he would be separated with severance pay he had a phone conversation with a warrant officer processing the PEB action.  This warrant officer told him that he would receive no ID card because he had no dependents and he did not need an ID card to help anyone.  He also claims that during this phone conversation he was told to forget the conversation ever happened and then the warrant officer hung up the phone.  Finally, he states his belief that not receiving an ID card was the result of his being discriminated against based on his marital status. 

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

He initially entered the Regular Army on 7 October 1971 and served on active duty continuously for 12 years, 7 months, and 19 days until his separation on 
25 May 1984, in the rank and pay grade of sergeant first class/E-7 (SFC/E-7). 

On 21 March 1984, a Department of the Army (DA) Form 199 (Physical Evaluation Board Proceedings) was published pertaining to the applicant.  This document indicates that PEB members reviewed the applicant’s case based on his previously diagnosed condition of diabetes mellitus, insulin dependent, moderate.  They also indicated that he required insulin for control of his diabetes condition and that all diabetics who require insulin or oral hypoglycemics for control are considered unfit for duty in their grade and military occupational specialty (MOS).  The PEB members concluded that his proper disposition would be separation with severance pay.  This was based on the policy that disability ratings of less than 30 percent for members with less than 20 years of service require separation with severance pay in lieu of retirement.  

On 27 March 1984, the findings and recommendations of the PEB, contained in the record of proceedings outlined in the preceding paragraph, was approved by competent authority.  On 6 April 1984, the applicant completed a PEB decision option statement.  In this statement the applicant, after being advised of the findings and recommendations of the PEB, receiving a full explanation of the results of the findings and recommendations, and his legal rights pertaining thereto, concurred with the findings and recommendations of the PEB and elected to waive his right to a formal hearing.  

On 7 May 1984, the Army Personnel Command (PERSCOM) released an electronic message directing the applicant’s separation for physical disability.  It indicated that the applicant would be discharged immediately, under the provisions of paragraph 4-24e(3), Army Regulation 635-40, and that he would be authorized severance pay in the rank and pay grade of SFC/E7. 
The record contains a DD Form 214 (Certificate of Release or Discharge from Active Duty) that was issued to and signed by the applicant on 25 May 1984, the date of his separation from the Army.  This document shows that he was discharged from active duty, under the provisions of Army Regulation 635-40, by reason of physical disability with severance pay.  It also shows that at the time of his separation he held the rank and pay grade of SFC/E-7 and that he had completed a total of 12 years, 7 months, and 19 days of active military service.  Block 18 (Remarks) of the DD Form 214 indicates that the applicant received disability severance pay in the amount of $33,076.80.  

Army Regulation 640-3 (Identification Cards, Tags, and Badges), in effect at the time, prescribed the policies, responsibilities, and procedures for the use, preparation, accountability, turn in, and disposition of military identification cards 
(ID cards).  

Section III, paragraph 2-13 of the regulation contained guidance on the eligibility to receive a Department of Defense (DD) Form 2 (Retired) (Blue) ID card.  It stated, in pertinent part, that this card would be issued to the following categories of retired personnel who are entitled to retirement pay:  members who are on the emergency officers retired list (EORL); members who retired after serving at least 20 creditable years of active military service; members who retired from a Reserve component at age 60; members who are permanently retired for physical disability and placed on the permanent disability retired list (PDRL); and members who are placed on the temporary disability retired list (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 Board noted the applicant’s contention that his being denied a retired ID card was the result of discrimination based on his marital status.  However, the Board found this claim lacked merit.

2.  The evidence of record shows that the applicant was found medically unfit to perform duties in his MOS and grade by a PEB.  Based on this finding the PEB recommended that he be separated by reason of physical disability and that he receive severance pay.  This recommendation was approved by competent authority and concurred with by the applicant.  The Board was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout his separation process.  

3.  The Board found no provisions of law or regulation that would entitle the applicant to receive a military ID card, regardless of his marital status.  In order to qualify for a retired ID card, as a result of a physical disability separation, the applicant would have had to have been retired and placed on either the TDRL or the PDRL.  The applicant accepted a physical disability separation with severance pay; thus, he gained no entitlement to a retired military ID card or the associated benefits.  Therefore, the Board found no basis for relief in this case.

4.  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 this requirement.

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

___cmf__  ___ew___  ___jpi___  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2000037778	
SUFFIX		
RECON		
DATE BOARDED	2000/07/06	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1984/05/25	
DISCHARGE AUTHORITY	AR 635-40	
DISCHARGE REASON	Physical Disability-Severance Pay	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  1021	100.0000	
2.		
3.		
4.		
5.		
6.