MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           19 April 2001                  
	DOCKET NUMBER:   AR2000050942

	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. Walter Avery		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. Curtis L. Greenway		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: That his separation date and net active service period on his DD Form 214 (Separation Document) be corrected.

APPLICANT STATES: That he received Orders D120-32 from the US Total Army Personnel Command (PERSCOM) indicating a different discharge date from the date on his DD Form 214.

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

He entered onto active duty in the Regular Army on 18 October 1988, was trained as a military policeman, achieved the rank of E-3 and was placed on the temporary disability retired list (TDRL) under the authority of AR 635-40 for physical disability-temporary on 9 April 1990.

His DD Form 214, item 12b (Separation Date This Period) reflects the entry 9 April 1990 and item 12c (Net Active Service This Period) reflects the entry 1 year, 5 months, and 22 days.

On 18 June 1992 PERSCOM informed the applicant that he was removed from the TDRL and discharged from the service effective 18 June 1992 with a percentage of disability of 20%.

AR 635-5 provides, in pertinent part, that a DD Form 214 will be prepared at the time an individual is placed on the TDRL with the appropriate narrative reason for separation and reenlistment code appropriate a the time.  A DD Form 214 will not be issued when an individual is 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, and, it is concluded:

1.  The applicant’s DD Form 214 was properly prepared at the time he was placed on the TDRL to reflect the circumstances as they existed at that time.  The governing regulation clearly states that removal from the TDRL will not cause a new DD Form 214 to be issued.

2.  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.

3.  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

__jns ____  ___bje __  ___clg __  DENY APPLICATION

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

INDEX

CASE ID	AR2000050942	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010419	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.01	
2.		
3.		
4.		
5.		
6.