PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:          31 October 2002
	DOCKET NUMBER:  AR2002072544

	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. William Blakely		Analyst	

  The following members, a quorum, were present:

	Mr. Curtis L. Greenway		Chairperson	
	Ms. Regan K. Smith		Member	
	Mr. Donald P. Hupman, Jr.		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, in effect, that his military records be corrected to show that he retired in the rank and pay grade of specialist/E-4 (SPC/E-4). 

3.  The applicant states, in effect, that in 1997 he was placed on the Temporary Disability Retired List (TDRL) in the rank and pay grade of SPC/E-4, and he now needs his military records to reflect that he was permanently retired in that rank and pay grade.  In support of his application, he submits a copy of his separation document (DD Form 214) and an Application For Uniformed Services Identification Card DEERS Enrollment (DD Form 1172).

4.  The applicant’s military records show that he entered the Army on 22 March 1995, and that he continuously served on active duty for 2 years, 2 months, and 7 days until 29 May 1997, at which time he was honorably separated and placed on the TDRL.

5.  The DD Form 214 issued to and authenticated by the applicant with his signature on the date of his separation confirms that on 29 May 1997, he was released from active duty (REFRAD) under the provisions of Army Regulation 635-40, paragraph 4-24B(2), by reason of disability-temporary, and that he held the rank and pay grade of SPC/E-4 on that date.

5.  On 15 February 2001, Orders Number D32-3 were published by the United States Army Physical Disability Agency (USAPDA), Washington DC, which directed the applicant’s removal from the TDRL effective 15 February 2002, and his placement on the Retired List, by reason of permanent disability.  These orders erroneously listed the applicant’s rank and pay grade as private first class/E-3 (PFC/E-3) in the standard name line (SNL), and as a result the applicant was placed on the Retired List in that rank and pay grade.  

6.  During the processing of this case, an advisory opinion was requested of and received from the USAPDA.  A USAPDA legal advisor opined that the applicant was placed on the Retired List in the incorrect rank and pay grade and as a result that agency published amended orders D175-5, dated 12 September 2002, which corrected the rank and pay grade listed in the SNL of orders number D32-3 to read SPC/E-4.  In addition, a new Certificate of Retirement (DD 363A) was issued by the USAPDA that shows the applicant’s retired rank and pay grade as  SPC/E-4.

CONCLUSIONS:

1.  The Board notes the applicant’s contention that his military records should be corrected to show that he was permanently retired and placed on the Retired List in the rank and pay grade of SPC/E-4, and it finds this claim has merit.

2.  The evidence of record confirms that on 29 May 1995, the applicant was placed on the TDRL in the rank and pay grade of SPC/E-4.  It also shows that he was removed from the TDRL on 15 February 2002 and permanently placed on the Retired List.  However, the orders directing his placement on the Retired List erroneously listed his rank and pay grade as PFC/E-3 in the SNL, which resulted in his being placed on the Retired List in the incorrect rank and pay grade.  

3.  It is clear the applicant was placed on the TDRL in the rank and pay grade of SPC/E-4 and that this should have been the rank and pay grade in which he was placed on the Retired List.  This is evidenced by the USAPDA administrative corrective action taken that amended the applicant’s retirement orders to show his correct rank and pay grade as SPC/E-4, and its publication of a corrected retirement certificate.  

4.  In view of the facts of this case, the Board finds that the applicant should have been placed on the Retired List in the rank and pay grade of SPC/E-4, effective 15 February 2002.  It also concludes that it would be appropriate to correct this error at this time, and to provide the applicant all back pay and allowances due as a result. 

5.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was placed on the Retired List in the rank and pay grade of SPC/E-4 on 15 February 2002; and by providing him all back pay and allowances due as a result.

BOARD VOTE:  

__CLG_  __RKS___  ___DPH__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Curtis L. Greenway   _
		       CHAIRPERSON

INDEX

CASE ID	AR2002072544	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/10/31	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	129.0400	
2.		
3.		
4.		
5.		
6.