ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  15 October 2019

	DOCKET NUMBER:  AR20180000134


APPLICANT REQUESTS:  correction of his date of discharge/disability 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 
DD Form 149 (Application for Correction of Military Record)

FACTS:

1.  The applicant states the Veteran’s Affairs Administration (VA) documents the 
effective date of his disability as December 2016, which is 6 months after the VA 
was already writing him checks.  So the effective date of his disability should be 
December 2015 which is when his VA examinations began.  22 June 2016 
discharge records are wrong.

2.  A review of the applicant's service record shows: 

     a.  He enlisted in the Regular Army on 31 August 2009.

     b.  He was temporarily retired for disability on 22 June 2016, and placed on the 
temporary disability retired list (TDRL) on 23 June 2016.

     c.  He was removed from the TDRL on 8 August 2018, and placed permanent 
disability retired list (PDRL) on 9 August 2018.

3.  His record is void evidence showing he was discharged or retired earlier than 
22 June 2016.  

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found relief 
was not warranted.  The applicant’s contentions were carefully considered.  
Evidence of record shows he was placed on the TDRL and PDRL in accordance 
with published orders.  The Board agreed there was no error or injustice in this case. 



BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

X	X	X	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or 
injustice.  Therefore, the Board determined the overall merits of this case are 
insufficient as a basis for correction of the records of the individual concerned.

	  
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.

REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military 
records must be filed within three years after discovery of the alleged error or 
injustice.  This provision of law also allows the ABCMR to excuse an applicant's 
failure to timely file within the three-year statute of limitations if the ABCMR 
determines it would be in the interest of justice to do so.

2.  Army Regulation (AR) 635-40 in effect as the time states: When a commander 
believes that a Soldier of their command is unable to perform the duties of their 
office, grade, rank, or rating because of physical disability, the commander will refer 
the Soldier to the responsible medical treatment facility MTF for evaluation. The 
request for evaluation will be in writing and will state the commander’s reasons for 
believing that the Soldier is unable to perform his or her duties.    Based upon the 
final decision of U.S. Army Physical Disability Agency or Army Physical Disability 
Appeal Board, Army Human Resources Command will issue retirement orders or 
other disposition instructions as follows:

   (1) Permanent retirement for physical disability (see 10 USC 1201 or 1204).
     (2) Placement on the Temporary Disabled Retired List (see 10 USC 1202 or 
1205).
   (3) Separation for physical disability with severance pay (10 USC 1203 or 1206).
   (4) Separation for physical disability without severance pay (Title 10, United 
States Code, Sections 630, 12681, 1165, or 1169, (10 USC 630, 12681, 1165).

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20180000134

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