MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           6 June 2002
	DOCKET NUMBER:   AR200165928

	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. Nancy L. Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Stanley Kelley		Chairperson	
	Mr. John T. Meixell		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 Certificate of Release or Discharge from Active Duty, DD Form 214, be amended to show he was separated on 25 June 1992, that the reason for his separation was permanent medical retirement, that he completed the military occupational specialty (MOS) 67U (CH-47 Helicopter Repairer) course, and to show all awards he is due.

APPLICANT STATES:  That he separated on 25 June 1992 due to permanent medical retirement.  He had completed the 67U course but he was hospitalized during graduation and never received his awards and medals.

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

He enlisted in the Regular Army on 1 September 1989.  

On 13 March 1990, the applicant was hospitalized for treatment of kidney problems.  He had been due to graduate from the advanced individual training course (AIT) 67U on 23 March 1990.

On 9 May 1990, a physical evaluation board (PEB) found the applicant unfit for duty for a diagnosis of focal segmental glomerulosclerosis and nephritic syndrome and recommended he be placed on the Temporary Disability Retired List (TDRL).  

On 25 June 1990, the applicant was retired by reason of a temporary physical disability and placed on the TDRL effective 26 June 1990.  His DD Form 214 shows he was separated on 25 June 1990, that the narrative reason for separation was physical disability – temporary, that he had received the Sharpshooter Badge with Rifle Bar and the Expert Badge with Hand Grenade Bar, and that he completed no military education.  His Personnel Qualification Record, DA Form 2-1, shows that he completed the “Med Hel Rpr” course in 1989 and that he was awarded the Sharpshooter Badge with Rifle Bar, the Expert Badge with Hand Grenade Bar, the Army Service Ribbon, and the Aircraft Crew Member Badge.

Around December 1991, a TDRL re-evaluation noted the applicant was on hemodialysis, well managed, but had permanent irreversible end stage renal disease from which permanent recovery was not expected.  It was recommended he be taken off the TDRL.  On 2 March 1992, the applicant agreed with the recommendation.  On 16 March 1992, a PEB found the applicant to be unfit for duty with a diagnosis of end stage renal disease, secondary to focal sclerosing glomerulonephritis and recommended he be permanently retired with a 100 percent disability rating.  On 1 April 1992, the applicant concurred and waived a formal hearing of his case.  Orders D165-18, U. S. Total Army Personnel Command dated 20 August 1992 removed him from the TDRL on 20 August 1992.  
Army Regulation 635-5 prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service. In pertinent part, it states that in-service training courses successfully completed during this period of service will be entered in block 14 of the DD Form 214.

Title 10, U. S. Code, section 1202 states that, upon determination that a member would be qualified for retirement but for the fact that his disability is not determined to be of a permanent nature and stable, shall, if it also determined that the disability may be of a permanent nature, place the member’s name on the TDRL with retired pay.

Army Regulation 600-8-22 prescribes policy and criteria concerning individual military awards.  It states that the Army Service Ribbon is awarded to members for successful completion of initial entry training.  The Aircraft Crew Member Badge may be permanently awarded to soldiers upon successful completion of formal AIT in career management field 67 MOSs.

On 30 April 2002, the U. S. Army Transportation School indicated that their records do not go back to 1990 but it sounded as if the applicant could not have completed all the requirements to graduate from the 67U course if he was hospitalized 10 days prior to his graduation date.

A copy of the conversation record was provided to the applicant for comment or rebuttal with the suggestion that he provide an Academic Evaluation Report if one was prepared.  He did not respond within the given time frame.

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.  A DD Form 214 is issued when a member is retired, discharged, or released from active military service.  The applicant was actually retired at the time he was placed on the TDRL (i.e., separated for temporary physical disability) in June 1990; therefore, his DD Form 214 correctly shows his last day of active duty as 25 June 1990.  He would not have received a new DD Form 214 at the time he was permanently retired.

2.  Past cases have shown that service schools make it a practice to prepare certificates of completion and MOS award orders often weeks in advance of a course completion date as a matter of administrative convenience.  The U. S. Army Transportation School indicated that it was unlikely the applicant had completed all the requirements for completion of the 67U course and he provided no further evidence to show he did successfully complete the course.  

3.  In the absence of evidence to conclusively show the applicant graduated from AIT, it would not be appropriate to add the Army Service Ribbon and the Aircraft Crewmember Badge to his DD Form 214.

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

_SK___  ___JTM__  __TEO____  DENY APPLICATION

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

INDEX

CASE ID	AR2001065928	
SUFFIX		
RECON		
DATE BOARDED	2002/06/06	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	100.00	
2.		
3.		
4.		
5.		
6.