PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:          06 NOVEMBER 2003                    
	DOCKET NUMBER:  AR2003090242

	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. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. Stanley Kelley		Chairperson	
	Mr. Raymond J. Wagner		Member	
	Ms. Mae M. Bullock		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.  In effect, the applicant requests correction of items on his 10 November 1987 DD Form 214 (Certificate of Release or Discharge from Active Duty). 

3.  The applicant states that item 11 (Primary Specialty Number, Title and Years and Months in Specialty), shows that he had 3 years and 10 months as a 94B10 food service specialist; however, item 12 (Record of Service) shows he had only 3 years, 5 months, and 10 days of net active service.  He states that item 28 (Narrative Reason for Separation), indicates, "Length of Service for Retirement."  He states that item 23 (Type of Separation) should show "TDRL" (Temporary Disability Retired List), and item 28 should indicate that his medical condition prohibits something.  He is not retired from the Army; however, he does receive disability compensation from the Department of Veterans Affairs.  He is requesting these corrections as so he can buy back his service time and add that time to his years of government service.

4.  The applicant’s military records show that he enlisted in the Army for 3 years on 31 May 1984.  He completed training and on 5 October 1984 was awarded a primary MOS (Military Occupational Specialty) of 94B10.  In that same month he was assigned to Fort Polk, Louisiana as a cook.

5.  On 7 March 1987 the applicant was involved in a motor vehicle accident, underwent surgery and therapy, and on 1 September 1987 a Physical Evaluation Board (PEB) recommended that he be placed on the TDRL with a 40 percent disability rating.  That recommendation was approved and the applicant was placed on the TDRL on 10 November 1987, using orders format number 610.  The applicable items on the applicant's DD Form 214 are as depicted by the applicant. 

6.  On 19 March 1990 the applicant was removed from the TDRL and discharged from the Army with a 20 percent disability rating.

7.  Army Regulation 635-40 outlines procedures for the administration and processing of soldiers whose names are on the TDRL.  It states in pertinent part that a Soldier's name may be placed on the TDRL when it is determined that the Soldier is qualified for disability retirement but for the fact that his disability is determined not to be of a permanent nature and stable.  A Soldier will be removed from the TDRL with severance pay if the Soldier is unfit because of the disability for which the Soldier was placed on the TDRL and either the disability has stabilized at less than 30 percent, or the disability, although not stabilized, has improved so as to be ratable at less than 30 percent. 

8.  Army Regulation 635-5, then in effect, establishes policy for preparing the          DD Form 214.  It provides for the term "Retirement" to be placed in item 23 (Type of Separation) when orders are published using orders format number 610.  It provides for the term, "Physical disability – temporary," to be entered in item 28, Narrative Reason for Separation, for a Soldier placed on the TDRL.

9.  There are no provisions in the regulation for indicating a Soldier's medical condition on his DD Form 214, other than as indicated above.

CONCLUSIONS:

1.  The applicant is not retired from the Army as he states.  He was placed on the TDRL on 10 November 1987 and removed from the TDRL on 19 March 1990 and discharged with severance pay.

2.  The applicant's DD Form 214 is correct except for items 11 and 28.  He had          3 years and 1 month as a food service specialist from the date that he was awarded MOS 94B10 on 5 October 1984 until his placement on the TDRL on 10 November 1987. The narrative reason for his separation should be, Physical disability – temporary, in accordance with regulatory provisions.    

3.  Item 23 of his DD Form 214 is correct.  Items 11 and 28 should be corrected as indicated above.  There are no provisions to indicate that the applicant's medical condition prohibits something.

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

RECOMMENDATION:

1.  That the item 11 of the applicant's 10 November 1987 DD Form 214 be corrected by showing that he had 3 years and 1 month as a food service specialist, MOS 94B10; and by showing in item 28 that the narrative reason for his separation was Physical disability – temporary.

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

BOARD VOTE:  

__SK ___  __RJW__  __MMB__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_____Stanley Kelley______
		        CHAIRPERSON

INDEX

CASE ID	AR2003090242	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20031106	
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.	110.00	
2.		
3.		
4.		
5.		
6.