RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 8 April 2008
DOCKET NUMBER: AR20070014935
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.
Director
Analyst
The following members, a quorum, were present:
Chairperson
Member
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
12 March 1991.
2. The applicant states that she was temporarily retired in August 1989, but she
was permanently retired on 12 March 1991.
3. The applicant provides her DD Form 214, with a DD Form 215 (Correction to
DD Form 214); orders removing her from the Temporary Disability Retired List
(TDRL), dated 12 March 1991; a DA Form 3713 (Data for Retired Pay), dated
20 July 1989; and a DA Form 3713-E (Data for Retired Pay), dated 12 March
1991.
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. After having had prior service, the applicant enlisted in the Regular Army on
21 September 1977.
3. On 3 August 1989, 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
3 August 1989.
4. On 12 March 1991, the applicant was removed from the TDRL and
permanently retired effective 13 March 1991.
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 3 August 1989 due to
temporary disability. She was placed on the TDRL the following day. The only
thing that occurred on 12 March 1991 was that she was removed from the TDRL
and permanently retired effective 13 March 1991. There is no error regarding her
separation date on her DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__lds___ __dkh___ __eem___ 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.
__ lds ____
CHAIRPERSON
ABCMR Record of Proceedings (cont) AR20070014935
4
DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA 22202-4508
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