RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 24 April 2007
DOCKET NUMBER: AR20060014289
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.
x
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion, if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, that her narrative reason for separation on her DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed to show she was permanently retired for disability.
2. The applicant states that she has been removed from the Temporary Disability Retired List and she is now permanently retired due to a permanent physical disability.
3. The applicant provides a copy of her retirement orders, dated 7 June 2006.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 21 November 1983 and she continued to serve on active duty.
2. Her Medical Evaluation Board and Physical Evaluation Board proceedings are not available.
3. Headquarters, U.S. Army Air Defense Artillery Center and Fort Bliss Orders 201-0004, dated 19 July 2004, released the applicant from assignment and duty on 21 August 2004 because of physical disability and placed her on the Temporary Disability Retired List on 22 August 2004.
4. The applicants DD Form 214 shows she was retired from active duty under the provisions of Army Regulation 635-200, chapter 12 based on sufficient service for retirement.
5. Item 23 (Type of Separation) on the applicants DD Form 214 shows the entry Retirement.
6. Item 25 (Separation Authority) and item 26 (Separation Code) on the applicants DD Form 214 show the entries AR 635-200, CHAP 12 and RBD.
7. Item 28 (Narrative Reason) on the applicants DD Form 214 shows the entry SUFFICIENT SERVICE FOR RETIREMENT.
8. The applicant applied to the Army Board for Correction of Military Records (ABCMR) on 18 January 2006 for correction of her type of separation in item 23; her separation program designator (SPD) in item 26; and her narrative reason for separation in item 28 on her DD Form 214. The ABCMR recommended correction of the applicants DD Form 214 to show AR 635-40, paragraph
4-24b(7) in item 25 (Separation Authority); to show SFK in item 26; and to show Disability, Temporary in item 28. The Board denied the portion of her request pertaining to correction of item 23.
9. The applicant was issued a DD Form 215 (Correction of DD Form 214), dated 30 August 2006, which changed item 25, item 26, and item 28 on her DD Form 214 as recommended by the ABCMR.
10. Department of the Army, United States Army Physical Disability Agency, Washington, D.C., Orders D159-04, dated 7 June 2006, removed the applicant from the Temporary Disability Retired List on 7 June 2006 and permanently retired her from active service.
11. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. In pertinent part it states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. It also states that a DD Form 214 will not be prepared for Soldiers removed from the TDRL.
DISCUSSION AND CONCLUSIONS:
1. Orders show the applicant was released from active duty on 21 August 2004 due to physical disability and was placed on the TDRL on the following date. However, her DD Form 214 was prepared to erroneously reflect that she was retired from active duty under the provisions of Army Regulation 635-200, chapter 12 based on sufficient service for retirement.
2. In August 2006, the ABCMR corrected the applicants DD Form 214 to show the separation authority as AR 635-40, paragraph 4-24b(7) in item 25; to show her separation code as SFK in item 26; and to show her narrative reason for separation as Disability, Temporary in item 28. The ABCMR denied her request for correction of her type of separation in item 23.
3. The applicants DD Form 214 is meant to reflect her status as of her last day of active duty on 21 August 2004. As of that date, her physical disability was determined to be temporary. Therefore, her DD Form 214 correctly reflects the applicants narrative reason for separation as Disability, Temporary. She was placed on the TDRL on 22 August 2004. The only effect of the 7 June 2006
orders was to make her temporary retirement permanent. The applicants removal from the TDRL does not warrant further correction of her 21 August 2004 DD Form 214.
4. The applicant has failed to show through the evidence of record submitted or the evidence of record that the narrative reason for separation issued to her was in error or unjust. Therefore, there is no basis for granting her request.
BOARD VOTE:
________ ________ ________ 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 that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
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CHAIRPERSON
INDEX
CASE ID
AR20060014289
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
20070424
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
20040821
DISCHARGE AUTHORITY
AR635-40
DISCHARGE REASON
Disability, Temporary
BOARD DECISION
DENY
REVIEW AUTHORITY
Mr. Schwartz
ISSUES 1.
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