BOARD DATE: 23 August 2016 DOCKET NUMBER: AR20160007698 BOARD VOTE: __x_______ __x_____ ___x__ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 23 August 2016 DOCKET NUMBER: AR20160007698 BOARD DETERMINATION/RECOMMENDATION: 3. The Board determined the evidence presented is sufficient to warrant amendment of the decision of the Army Board for Correction of Military Records set forth in Docket Number AR20140016369, dated 4 February 2016, by referring his medical records to the U.S. Army Physical Disability Agency to determine his condition at the time of his removal from the Temporary Disability Retired List (TDRL) and take appropriate action to permanently retire him effective the date he was removed from the TDRL with entitlement to retroactive pay and allowances. __________x______________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. BOARD DATE: 23 August 2016 DOCKET NUMBER: AR20160007698 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). CONSIDERATION OF ADDITIONAL EVIDENCE: 22. On 24 March 2016, new information was received from the U.S. Army Physical Disability Agency regarding the decision of the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20140016369, dated 4 February 2016. 23. The evidence submitted consists of electronic mail correspondence from the Chief, Operations Division, U.S. Army Physical Disability Agency (USAPDA), wherein he states: a. The applicant was placed on the Temporary Disability Retired List (TDRL) in 2009 (should read 1999) and administratively removed at the 5-year point because the USAPDA was unable to contact him to schedule a reexamination. b. In similar instances involving ABCMR decisions, the USAPDA ascertains the individual's medical condition from his or her records at the time of his or her removal from the TDRL and takes appropriate action. Since the applicant was administratively removed from the TDRL in 2004, the USAPDA would determine what the appropriate disability rating would have been in 2004 and apply it retroactively. The USAPDA is able to do this when individuals, such as the applicant, have Department of Veterans Affairs (VA) ratings for the conditions during the time frame in question. c. The documents accessed from the VA show he received a 50-percent disability rating for post-traumatic stress disorder and a 20-percent disability rating for right upper extremity paresis from the date of his separation through the present. He was not examined in the 2004 time frame, but he received a new disability rating of 50 percent based on medical treatment in 2010, which essentially determined that he was still rated at 50 percent at that time. d. The USAPDA recommends reconsideration of the ABCMR decision to allow the USAPDA to determine his condition at the time of his removal from the TDRL and take appropriate action to permanently retire him effective the date he was removed from the TDRL with entitlement to retroactive pay and allowances. This recommendation is consistent with similar cases. ADDITIONAL DISCUSSION: 11. At the time of the decision of the ABCMR in Docket Number AR20140016369 on 4 February 2016, it was the intent of the ABCMR to make the applicant's records as administratively correct as they properly should have been at the time. 12. The ABCMR's decision in Docket Number AR20140016369 recommended issuing the applicant invitational travel orders for the purpose of undergoing a reexamination and reinstating him on the TDRL for a period not to exceed 1 year retroactive to the date he underwent the examination. The ABCMR further recommended placing him on the Permanent Disability Retired List retroactive to the date he underwent the final examination, if found to be unfit by reason of permanent disability, and paying him retired pay accordingly. 13. Based on the information received from the USAPDA, it is not necessary for the applicant to undergo reexamination. The USAPDA should review his medical records to determine his condition at the time of his removal from the TDRL and take appropriate action to permanently retire him effective the date he was removed from the TDRL with entitlement to retroactive pay and allowances. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS SUPPLEMENTAL RECORD OF PROCEEDINGS ABCMR Record of Proceedings AR20160007698 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS SUPPLEMENTAL RECORD OF PROCEEDINGS Enclosure 1 ABCMR Supplemental Record of Proceedings (cont) AR20160007698 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS SUPPLEMENTAL RECORD OF PROCEEDINGS Enclosure 2