PROCEEDINGS

	IN THE CASE OF

	BOARD DATE:            17 August 2000                  
	DOCKET NUMBER:   AR2000037833

	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		Director	
	Ms. Gale J. Thomas		Analyst	

  The following members, a quorum, were present:

	Ms. Sherri V. Ward		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Linda D. Simmons		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 physical disability separation..  

3.  The applicant states that the Physical Disability Agency overturned the Physical Evaluation Board’s (PEB) findings of fit for duty.  In support of her request the applicant submits a statement requesting separation pay and forfeiting retirement pay at age 60.

4.  The applicant’s military records show on 20 May 1999 a PEB found her fit for duty, and on 5 June 1999 she nonconcurred and submitted a rebuttal, however the PEB adhered to their findings.

5.  On 25 September 1999, the applicant was involuntarily separated, and received $22,509.09 in separation pay.

6.  On 23 January 2000, as a result of the applicant’s nonconcurrence, the U.S. Army Physical Disability Agency reviewed her case and determined that she should have been found unfit for duty because of cervical and lumbar pain, with a disability rating of 10 percent and separation with entitlement to severance pay.   

CONCLUSIONS:

1.  The applicant was found unfit for duty by the Physical Disability Agency, with a disability rating of 10 percent, and is therefore entitled to a disability separation. 

2.  In view of the foregoing, and in the interest of justice, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by changing the applicant’s DD Form 214 to show she was separated by reason of a physical disability with entitlement to severance pay.

BOARD VOTE:  

__svw___  __mhm__  ___lds___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000037833	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000817	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  108.00		
2.		
3.		
4.		
5.		
6.