MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            25 October 2001
	DOCKET NUMBER:   AR2001058000

	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	
	Ms. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Mr. Raymond J. Wagner		Chairperson	
	Ms. Kathleen A. Newman		Member	
	Mr. Ronald E. Blakely		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 he receive an additional 3 years of creditable service.

APPLICANT STATES:  That although he was discharged, he was paid from 1956 until 1959 because he was suffering from tuberculosis.

EVIDENCE OF RECORD: The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from alternate sources.

After he completed 2 years, 11 months and 2 days of total active service, he reenlisted in the Army for 6 years in the pay grade of E-2 on 17 August 1953.

The evidence of record shows that the applicant appeared before a Medical Evaluation Board (MEB) on 1 May 1956 and was diagnosed with tuberculosis of the right scalene lymph node.  The MEB recommended that he appear before a Physical Evaluation Board (PEB) to be considered for temporary retirement.

The applicant appeared before a PEB on 2 May 1956.  The PEB also diagnosed him as having tuberculosis of the right scalene lymph nodes.  He was awarded a 100 percent disability rating and he was recommended for discharge by reason of physical disability and placement on the Temporary Disability Retired List (TDRL).

Accordingly, the applicant was separated from the Army by reason of physical disability, under the provisions of Army Regulation 635-40 on 31 May 1956 and he was placed on the TDRL on 1 June 1956.  He had completed 5 years 8 months and 14 days of total active service.

Title 10, United States Code, section 1402, provides the criteria for creditable service for retired pay.  It provides, in pertinent part, that service, other than active service, in an inactive section of the Reserves, may not be counted for retirement eligibility.  The Reserve Retired Control Group is an inactive section of the Reserve force.  It does provide however that if a member is returned to active duty from the TDRL, service on the TDRL may be creditable for pay purposes.

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 actions by the Army in this case were proper, and there is no doubt to be resolved in favor of the applicant.

2.  The Board has noted the applicant’s contentions.  However, he was separated from the Army by reason of physical disability and he was placed on the TDRL.  Although he was being paid for the illness that he incurred while he was on active duty, he was retired and therefore, his service was not creditable and he is not entitled to an additional 3 years of service credit.

3.  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.

4.  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

__kan___  ___reb __  __rjw ___  DENY APPLICATION

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

INDEX

CASE ID	AR2001058000	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/10/25	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  189	110.0000	
2.  190	110.0100	
3.		
4.		
5.		
6.