PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            19 December 2000
	DOCKET NUMBER:   AR2000042344

	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	
	Mr. Joseph A. Adriance		Analyst	

The following members, a quorum, were present:

	Mr. James P. Huber		Chairperson	
	Mr. Raymond J. Wagner		Member	
	Mr. Kenneth L. Wright		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 his retired rank and pay grade be corrected to specialist/E-4 (SPC/E-4) and that his social security number be matched to his proper name.  

3.  The applicant states, in effect, that his separation document reflects his rank and pay grade as private first class/E-3 (PFC/E-3) which should in fact be SPC/E-4.  

4.  The applicant’s military records show that he enlisted in the Regular Army and entered active duty on 27 September 1978.  He satisfactorily completed basic training at Fort Leonard Wood, Missouri and advanced individual training at Fort Knox, Kentucky.  He served tours of duty at Fort Benning, Georgia and overseas in Germany.

5.  In December 1981, the applicant was reassigned to the Medical Holding Company (MHC) at Walter Reed Hospital, Washington D.C., in a patient status, for evaluation by a Physical Evaluation Board (PEB). 

6.  On 20 April 1982, a Physical Evaluation Board (PEB) found the applicant unfit for duty and recommended he be given a physical disability rating of 50 percent.  They further recommended that he be placed on the Temporary Disability Retired List (TDRL) and that he be reexamined in August 1983.  

7.  On 26 May 1982, the Army Personnel Command (PERSCOM) released an electronic message, subject:  Enlisted Disability Retirement, which directed that the applicant be released from active duty (REFRAD) on 10 June 1982 and that he be placed on the TDRL on 11 June 1982, in the rank and pay grade of SPC/E-4 and on 27 May 1982, PERSCOM published Orders Number D103-11 codifying this directive. 

8.  The applicant’s record also contains a Department of the Army (DA) Form 3713 (Data for Retired Pay) which confirms, in block 2 (active duty grade), that the applicant held the rank and pay grade of SPC/E-4 at the time he was placed on the TDRL.  

9.  The Department of Defense (DD) Form 214 (Certificate of Release or Discharge From Active Duty), issued to the applicant on 10 June 1982, the date he was released from active duty (REFRAD), confirms that he was separated under the provisions of Title 10 of the United States Code, section 1202, by reason of temporary physical disability.  

10.  However, the DD Form 214 does incorrectly list the applicant’s rank and pay grade as PFC/E-3.  The name and social security number listed on this document are consistent with that listed throughout his record and with the verifying documents he submitted in support of his application. 

11.  On 16 September 1983, the applicant was reexamined and reevaluated by a PEB at Fort Gordon, Georgia.  This PEB found the applicant unfit for duty and recommended he be permanently retired with a 50 percent disability rating.  Order Number D198-5, dated 11 October 1983, removed him from the TDRL effective 31 October 1983 and on 1 November 1983, he was placed on the Retired List in the rank and pay grade of PFC/E-3.

12.  Title 10 of the United States Code, section 1201 provides the legal authority for the retirement of members who are determined to be unfit to perform the duties of their office, grade, rank, or rating because of physical disability incurred while entitled to basic pay. 

13.  Title 10 of the United States Code, section 1202 provides the legal authority for placing members on the TDRL.  It states, in pertinent part, that upon a determination by the Secretary concerned that a member described in section 1201 would be qualified for retirement under that section but for the fact that his disability is not determined to be of a permanent nature and stable, the Secretary shall, if he also determines that accepted medical principles indicate that the disability may be of a permanent nature, place the member's name on the TDRL, with retired pay.

CONCLUSIONS:

1.  The Board finds the applicant’s claim, that his DD Form 214 should have listed his rank and pay grade as SPC/E-4 and he should receive retired pay based on that pay grade, has merit.  However, it determines that a correction to the applicant’s name and social security number is not necessary or warranted. 

2.  The record clearly shows that the applicant held the rank of SPC/E-4 on the date of his REFRAD and that he was placed on the TDRL in that rank and pay grade.  Thus, the Board concludes that it would be appropriate at this time to correct the applicant’s DD Form 214 to reflect this proper rank and pay grade.

3.  The Board can find no error in the applicant’s name or social security number throughout his military records.  Therefore, there is no appropriate relief for this issue. 

4.  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 showing that the individual concerned held the rank and pay grade of SPC/E-4 on the date he was REFRAD and placed on the TDRL and that this is the proper rank in which he should be listed on the Retired List.  

2.  That the individual concerned be provided all back pay and allowances due as a result the correction outlined in the preceding paragraph. 

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

BOARD VOTE:  

___jph __  __klw ___  ___rjw __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____James P. Huber_____
		        CHAIRPERSON

INDEX

CASE ID	AR2000042344	
SUFFIX		
RECON		
DATE BOARDED	2000/12/19	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1982/06/10	
DISCHARGE AUTHORITY	10 USC 1201/1202	
DISCHARGE REASON	Disability 	
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  307	129.0500	
2.		
3.		
4.		
5.		
6.