IN THE CASE OF:  

		BOARD DATE:  22 March 2021

		DOCKET NUMBER:  AR20180015190


APPLICANT REQUESTS: in effect, correction of his DD Form 214 (Certificate of 
Release or Discharge from Active Duty) to show he was retired due to a permanent 
disability instead of a temporary disability.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214
*	Order D057-46, issued by U.S. Army Physical Disability Agency, Virginia, dated 
26 February 2018

FACTS:

1.  The applicant states, in effect, that after he was removed from the Temporary 
Disability List (TDRL), his DD Form 214 was not updated to show he was permanently 
retired due to disability.

2.  The applicant enlisted in the Regular Army on 16 August 2006.

3.  On 6 October 2016, he was evaluated by an Informal Physical Evaluation Board 
(PEB). The Board found him physically unfit, and recommended the applicant receive a 
60-percent combined disability rating, and that he be placed on the TDRL with 
reexamination during July 2017.

4.  As a result of the PEB, he was medically retired on 30 January 2017 and placed on 
the TDRL, effective 31 January 2017. His DD Form 214 shows in:

*	Item 23 (Type of Separation)- Retirement
*	Item 28 (Narrative Reason for Separation) - Disability, Temporary (Enhanced)

5.  On 30 January 2018, his medical condition was re-evaluated by an Informal PEB. 
The Board found that his medical condition had stabilized and recommended the 
applicant receive a 100-percent combined disability rating, and that he be placed on the 
Permanent Disability Retired List (PDRL).
6.  Order D057-46, published by the U.S. Army Physical Disability Agency, on 
26 February 2019 removed the applicant from the TDRL, effective 26 February 2018, 
because of permanent disability and permanently retired him, placing him on the PDRL, 
effective 27 February 2018.

7.  By regulation, a DD Form 214 will not be issued to individuals removed from the 
TDRL.

BOARD DISCUSSION:

1.  After reviewing the application and all supporting documents, the Board found that 
relief was not warranted.

2.  The Board carefully considered the applicant’s request, supporting documents, 
evidence in the records and regulatory guidance.  Although, the Physical Disability 
Agency removed the applicant from the TDRL, his DD214 correctly reflects the 
conditions at the time of discharge in compliance with regulatory guidance.   

3.  The Board also noted that the Army Physical Disability Agency’s published orders 
removing the applicant from the TDRL due to permanent disability and permanently 
retiring him which serves as documentation of his permanent retirement due to 
disability. 





















BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:XX	:XXX	:XXX	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.  Army Regulation (AR) 635-40 (Physical Evaluation for Retention, Retirement, or 
Separation) states that the Temporary Disability Retired List (TDRL) is used in the 
nature of a “pending list”.  It provides a safeguard for the Government against 
permanently retiring a Soldier who can later fully recover, or nearly recover, from the 
disability causing him or her to be unfit.  Conversely, the TDRL safeguards the Soldier 
from being permanently retired with a condition that may reasonably be expected to 
develop into a more serious permanent disability.

2.  AR 635-8 (Separation Processing and Documents), explains separation document 
preparation, distribution, correction and transition processing specific to the Disability 
Evaluation System. It states: 

	a.  Prepare a DD Form 214 for Regular Army Soldiers on termination of active duty 
because of administrative separation (including separation because of retirement or 
ETS), physical disability separation, or punitive discharge resulting from a court-martial.

	b.  Do not prepare a DD Form 214 for personnel removed from TDRL.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20180015190


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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