MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:           11 December 2001
	DOCKET NUMBER:   AR2001060813

	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	
	Mrs. Carolyn G. Wade		Analyst	

  The following members, a quorum, were present:

	Ms. Karol A. Kennedy		Chairperson	
	Mr. Ronald E. Blakely		Member	
	Mr. Thomas E. O'Shaughnessy, Jr.		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 of 24 October 1990 be changed to reflect his last date of discharge, 11 March 1993, as shown on his Honorable Discharge Certificate.

APPLICANT STATES:  That his last date of discharge is 11 March 1993 and that he wants that date reflected on his DD Form 214 (Certificate of Release or Discharge from Active Duty).

In support of his application, the applicant submitted a copy of his Honorable Discharge Certificate and DD Form 214.

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

He enlisted in the Regular Army on 31 December 1985 for a period of 4 years.  He enlisted for the Airborne Enlistment Option, the Army College Fund Enlistment Option, and the Army Cash Bonus Enlistment Option.  Following completion of all military training, the applicant was awarded military occupational specialty (MOS) 54B, Chemical Operations Specialist, and was assigned to Fort Benning, Georgia.

Headquarters Department of the Army (HQDA), Total Army Personnel Command (PERSCOM) Orders Number D197-4, dated 3 October 1990, relieved the applicant from assignment and duty because of physical disability incurred while entitled to basic pay and under conditions which permitted his placement on the Temporary Disability Retired List (TDRL), effective 24 October 1990.  

The applicant’s DD Form 214 shows he was honorably retired from the Army under the provisions of paragraph 4-24e (2), Army Regulation 635-40 by reason of physical disability-temporary after completing 4 years, 9 months, and 24 days of creditable military service.  On 25 October 1990, he was placed on the TDRL with a 30 percent disability rating.  

On 25 January 1993, a Physical Evaluation Board (PEB) convened at Fort Sam Houston, Texas, to review the applicant’s medical condition.  Based on a review of the TDRL examination, the PEB found the applicant was still unfit to reasonably perform his duties as required by previous grade and MOS and that his current condition was sufficiently stable for final adjudication.  The PEB recommended a combined rating of 10 per cent and separation with severance pay if otherwise qualified.  On 17 February 1993, the applicant concurred with the findings and recommendations and waived a formal hearing of his case.

On 11 March 1993, HQDA, PERSCOM Orders Number D46-7 removed the applicant from the TDRL and discharged him from service because of permanent disability.  The applicant was given an Honorable Discharge Certificate reflecting he was discharged on 11 March 1993.

Army Regulation 635-40 governs the evaluation for physical fitness of soldiers who may be found unfit to perform their military duties because of physical disability.  Paragraph 4-24 provides instructions for final disposition of the case.  The Commanding General of PERSCOM will dispose of the case by publishing orders or issuing proper instructions to subordinate headquarters, or return any disability evaluation case to the United States Army Physical Disability Agency (USAPDA) for clarification or reconsideration when newly discovered evidence becomes available and is not reflected in the findings and recommendations.  

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.  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.

2.  After a thorough review of the applicant’s records, the Board determined that the applicant’s DD Form 214 correctly shows his separation from active duty service and his placement on the TDRL as of 24 October 1990.  The Board also determined that the applicant’s honorable separation by orders (without DD Form 214) is also correct.  Paragraph 2-1b(3), Army Regulation 635-5, specifically states that a DD Form 214 will not be prepared for a soldier being removed from the TDRL.

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

_KAK___  ____REB_  __TEO__  DENY APPLICATION

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

INDEX

CASE ID	AR2001060813	
SUFFIX		
RECON		
DATE BOARDED	20011211	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19930311	
DISCHARGE AUTHORITY	AR 635-40	
DISCHARGE REASON	Physical disability	
BOARD DECISION	DENY	
REVIEW AUTHORITY	Director	
ISSUES         1.	100.0000	
2.	100.0200	
3.		
4.		
5.		
6.