MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           14 May 2002                   
	DOCKET NUMBER:   AR2001065143

	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. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Melvin H. Meyer		Chairperson	
	Ms. Kathleen A. Newman		Member	
	Mr. Donald P. Hupman, 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 the narrative reason for separation on his Certificate of Release or Discharge from Active Duty, DD Form 214, be changed from disability, temporary to disability, permanent.

APPLICANT STATES:  The applicant makes no additional statement but provides his removal from the Temporary Disability Retired List (TDRL) orders as supporting evidence.

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

He enlisted in the Regular Army on 15 April 1977.  His physical evaluation board packet is not available but he was released from active duty on 7 September 2000 and placed on the TDRL on 8 September 2000 with a 60 percent disability rating.

On 9 October 2001, the applicant was removed from the TDRL because of a permanent physical disability and permanently retired with a 60 percent disability rating.  

Army Regulation 635-5 prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service. 

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 is determined that the disability may be of a permanent nature, place the member’s name on the TDRL with retired pay.

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.  There is no error on the applicant’s DD Form 214.  A DD Form 214 is prepared when an individual retires, is discharged, or is otherwise released from active duty.  His DD Form 214 was properly prepared with the correct narrative reason for separation when he was released from active duty on 7 September 2000 and actually retired effective 8 September 2000 when he was placed on the TDRL.  His removal from the TDRL and permanent retirement for physical disability in October 2001 was merely an administrative action.

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

__mhm___  __kan___  __dph___  DENY APPLICATION

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

INDEX

CASE ID	AR2001065143	
SUFFIX		
RECON		
DATE BOARDED	20020514	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	100.00	
2.		
3.		
4.		
5.		
6.