RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 17 January 2008
DOCKET NUMBER: AR20070012228
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
Mrs. Nancy L. Amos
Analyst
The following members, a quorum, were present:
Mr. Hubert O. Fry
Chairperson
Mr. John T. Meixell
Member
Mr. Rowland C. Heflin
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 that the separation date on her DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed to read 24 February 1999.
2. The applicant states, in effect, that her separation date was changed to 24 February 1999.
3. The applicant provides her DD Form 214; orders removing her from the Temporary Disability Retired List (TDRL), dated 23 February 1999; a memorandum, dated 23 February 1999; and a memorandum for the record, dated 7 July 1999.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant enlisted in the Regular Army on 4 February 1992.
3. On 30 March 1994, the applicant was released from active duty by reason of temporary disability and placed on the TDRL the following day. Item 12b (Separation Date this Period) of her DD Form 214 shows she was separated on 30 March 1994.
4. On 23 February 1999, the applicant was removed from the TDRL and permanently retired effective 24 February 1999.
5. Title 10, U. S. Code, section 1202 provides that if a member would be qualified for retirement for disability but for the fact that his disability is not determined to be of a permanent nature and stable, the Secretary shall, if he also determines that accepted medical principles indicate that the disability may be of a permanent nature, place the member's name on the TDRL with retired pay computed under section 1401 of this title.
6. Army Regulation 635-5 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 the DD Form 214 is a synopsis of the Soldiers 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.
DISCUSSION AND CONCLUSIONS:
1. The DD Form 214 is meant to provide a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
2. The applicant was released from active duty on 30 March 1994 due to temporary disability. She was placed on the TDRL the following day. The only thing that occurred on 23 February 1999 was that she was removed from the TDRL, and she was permanently retired effective 24 February 1999. There is no error regarding her separation date on her DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__hof__ __jtm___ __rch___ 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.
__Hubert O. Fry_______
CHAIRPERSON
INDEX
CASE ID
AR20070012228
SUFFIX
RECON
DATE BOARDED
20080117
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
Ms. Mitrano
ISSUES 1.
110.01
2.
3.
4.
5.
6.
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