PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            8 January 2002
	DOCKET NUMBER:   AR2001058731

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. Terry L. Placek		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 that his report of separation (DD Form 214) be corrected to reflect that his disability separation is now permanent, instead of temporary, that it reflect his disability rating and severance pay, and that his award of the meritorious service medal (MSM) be added. 

3.  The applicant states, in effect, that he was initially retired by reason of temporary disability on 31 January 1996.  However, on 16 April 1998, he was removed from the temporary disability retired list (TDRL) and was discharged because of permanent physical disability (10%), with entitlement to severance pay.  He also states that he was awarded the MSM and that it was never included on his DD Form 214.

4.  The applicant’s military records show that on 31 January 1996, while serving in the pay grade of E-5, he was placed on the TDRL with a 30% disability rating.  Shortly after his being placed on the TDRL (27 February 1996), orders were published which awarded him the MSM for the period of 31 January 1986 to 31 January 1996.  The award of the MSM was never added to his DD Form 214.

5.  He remained on the TDRL until 16 April 1998 when he was honorably discharged because of permanent physical disability, rated at 10%, with entitlement to severance pay.  There is no indication in the available records to show the amount of severance pay he received.

6.  Army Regulation 635-5 serves as the authority for the preparation of the DD Form 214.  It provides, in pertinent part, that a DD Form 214 will be prepared for all active duty soldiers upon termination of active duty by reason of administrative separation, expiration of term of service (ETS), physical disability separation or punitive discharge.  It will provide a brief, clear-cut record of active duty service at the time of release from active duty, retirement or discharge.  A DD Form 214 will not be prepared for personnel who are removed from the TDRL.

CONCLUSIONS:

1.  Although the applicant did not receive the award of the MSM until after his placement on the TDRL, the award was clearly awarded for the period in which he was on active duty and should be included on his DD Form 214.  Accordingly, it would be in the interest of justice to do so at this time.

2.  However, since the DD Form 214 is only issued at the time a member is separated from active duty and the applicable regulation specifically directs that a DD Form 214 will not be issued upon removal from the TDRL, there is no basis to change the DD Form 214 issued to him at the time he was placed on the TDRL to reflect the change in his disability status.

3.  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 was awarded the MSM.

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

BOARD VOTE:  

___tlp ___  ___ls ___  __ra ____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Luther L. Santiful____
		        CHAIRPERSON

INDEX

CASE ID	AR2001058731	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/01/08	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PARTIAL	
REVIEW AUTHORITY		
ISSUES         1.  189	110.0000/CORR 214	
2.  177	108.0000/PDRL	
3.  63	107.0017/MSM	
4.		
5.		
6.