RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        20 November 2007
      DOCKET NUMBER:  AR20070007744


      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.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Eric N. Andersen              |     |Chairperson          |
|     |Mr. Donald L. Lewy                |     |Member               |
|     |Ms. Rea M. Nuppenau               |     |Member               |

      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 his separation document (DD
Form 214) be corrected to show his permanent disability retirement vice
temporary disability retirement.

2.  The applicant states, in effect, that he was retired by reason of
temporary disability on 20 August 1991.  He claims that on 13 April 1994,
he was retired by reason of permanent disability and he now requests that
his DD Form 214 be corrected to reflect this permanent disability
retirement.

3.  The applicant provides his DD Form 214 and a Certificate of Retirement
in support of his application.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for
correction of military records must be filed within 3 years after discovery
of the alleged error or injustice.  This provision of law also allows the
Army Board for Correction of Military Records (ABCMR) to excuse an
applicant’s failure to timely file within the 3-year statute of limitations
if the ABCMR determines it would be in the interest of justice to do so.
While it appears the applicant did not file within the time frame provided
in the statute of limitations, the ABCMR has elected to conduct a
substantive review of this case and, only to the extent relief, if any, is
granted, has determined it is in the interest of justice to excuse the
applicant’s failure to timely file.  In all other respects, there are
insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's record shows that he enlisted in the Regular Army and
entered active duty on 31 May 1983.  He was trained in, awarded and served
in military occupational specialty (MOS) 13B (Cannon Crewmember), and
sergeant (SGT) is the highest rank he attained while serving on active
duty.

3.  On 27 June 1991, a Physical Evaluation Board (PEB) convened at Walter
Reed Medical Center (WRMC) to consider the applicant's case.  The PEB found
the applicant was physically unfit for further service due to a partial
complex seizure disorder with a recommended disability rating of 40
percent, and recommended his placement on the Temporary Disability Retired
List (TDRL).

4.  On 27 June 1991, the PEB findings and recommendations were approved by
the proper authority on behalf of the Secretary of the Army.

5.  On 30 August 1991, the applicant was honorably retired under the
provisions of Paragraph 4-24e, Army Regulation 635-40, by reason of
physical disability-temporary; and on 31 August 1991, he was placed on the
TDRL in the rank of SGT.

6.  On 31 March 1994, a PEB convened at Fort Lewis, Washington to
reconsider the applicant's case.  The PEB found the applicant was unfit for
further service due to a partial complex seizure disorder with a
recommended disability rating of 40 percent, and recommended the applicant
be permanently retired.

7.  On 5 April 1994, the PEB findings and recommendations were approved by
the proper authority on behalf of the Secretary of the Army.

8.  Department of the Army United States Total Army Personnel Command
(PERSCOM) Orders Number D69-12 directed the applicant be removed from the
TDRL on 12 April 1994, by reason of permanent disability, and that he be
placed on the Retired List the following day.

9.  The applicant provides a retirement certificate that shows he was
retired from the United States Army on 13 April 1994.

10.  Army Regulation 635-5 (Separation Documents) prescribes the separation
documents that must be prepared for Soldiers on retirement, discharge,
release from active duty service, or control of the Active Army.  It also
establishes standardized policy for preparing and distributing the DD Form
214.  Paragraph 2-1 contains guidance on preparing a DD Form 214.  It
states, in pertinent part, that the DD Form 214 is a summary of a Soldier's
most recent period of continuous active duty.  It provides a brief, clear-
cut record of active duty service at the time of release from active duty,
retirement, or discharge.  There are no provisions for revising a DD Form
214 based on actions that take place subsequent to separation from active
duty.  The instructions for the entry in Item 28 (Narrative Reason for
Separation) state that this entry is based on the regulatory or other
authority for separation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the narrative reason for separation
entered on his DD Form 214 should be corrected to show his disability
retirement as permanent versus temporary was carefully considered.
However, by regulation the DD Form 214 is a summary of a Soldier's most
recent period of active duty service, and there are no provisions for
revising the DD Form 214 based on actions that take place subsequent to a
member's separation from active duty.

2.  The evidence of record confirms that the applicant was honorably
separated from active duty on 20 August 1991, under the provisions of
Paragraph 4-24e, Army Regulation 635-40, by reason of disability-temporary,
and that he was placed on the TDRL the following day.  Therefore, the Item
28 entry on the
DD Form 214 he was issued at the time correctly shows the narrative reason
for his separation as disability-temporary.  His subsequent permanent
disability retirement is properly documented in official orders issued by
PERSCOM, and by the retirement certificate he was provided.  As a result,
there is an insufficient evidentiary basis to support granting the
requested relief.

3.  In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that the record is in error or unjust.  The applicant has failed to
submit evidence that would satisfy this requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___ENA _  __DLL __  __RMN __  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.




                                  _____Eric N. Andersen ___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070007744                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/11/20                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1991/08/30                              |
|DISCHARGE AUTHORITY     |AR 635-40                               |
|DISCHARGE REASON        |Disability Temporary                    |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.  1021 |100.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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