PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:           21 MARCH 2002
	DOCKET NUMBER:   AR2001065226

	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. John N. Slone		Chairperson	
	Ms. Linda D. Simmons		Member	
	Mr. John T. Meixell		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 that a DD Form 214 dated 21 May 1998 be expunged from his records. 

3.  The applicant states that he has two DD Forms 214, one of which must be incorrect.  He states that the one showing disability retirement is correct, and the other, dated 21 May 1998, that he recently received from the National Personnel Records Center, incorrect.

4.  The applicant’s military records show that he enlisted in the Army on            23 March 1994 and reenlisted for two years on 22 May 1996.  Orders published by the 18th Personnel Services Battalion at Fort Bragg, North Carolina on          11 February 1998 show that he was assigned to the transition point at Fort Bragg effective 7 May 1998 and scheduled to be released from active duty on               21 May 1998 and transferred to the Army Reserve Control Group (Reinforcement) at St. Louis.  However, on 23 February 1998 the applicant enlisted in the Army National Guard for three years [effective upon his release from active duty].  His transition orders were then amended to show transfer to a maintenance company in New Orleans.

5.  The applicant’s DD Form 214 contained in his OMPF (microfiche) shows that he was released from active duty on 21 May 1998 by virtue of his ETS (separation date) and transferred to the 3673d Maintenance Company in New Orleans.  That DD Form 214 indicates that the applicant was not available to sign the form.  

6.  The other DD Form 214 shows that the applicant was placed on the temporary disability retired list (TDRL) on 30 July 1998.   

7.  Information obtained from the Physical Disability Agency on 6 March 2002 revealed that the applicant was indeed placed on the TDRL on 30 July 1998, and that he subsequently was found fit for duty and removed from the TDRL on          12 December 2000.

CONCLUSIONS:

1.  The applicant was placed on the TDRL on 30 July 1998.  The 21 May 1998 DD Form 214 is incorrect, null and void and of no force or effect.

2.  The 21 May 1998 DD Form 214 should be expunged from his records.

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

RECOMMENDATION:

That the 21 May 1998 DD Form 214 pertaining to the applicant be expunged from his records. 

BOARD VOTE:  

___JNS     ___LDS _  __JTM __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_____John N. Slone______
		        CHAIRPERSON

INDEX

CASE ID	AR2001065226	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020321	
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.	100.00	
2.	110.00	
3.		
4.		
5.		
6.