RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 13 May 2008
DOCKET NUMBER: AR20080001253
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:
M
Chairperson
M
Member
M
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 following items on his Certificate of Release or Discharge from Active Duty (DD Form 214) be corrected: item number 23 (Type of Separation); item number 25 (Separation Authority); item number 26 (Separation Code); item number 27 (Reentry Code); and item number 28 (Narrative Reason for Separation).
2. The applicant states, in effect, that item number 23 on his DD Form 214 should be corrected to show that he was discharged; that item number 25 should be corrected to read Army Regulation 635-40, paragraph 4.24B(3); that item number 26 should be corrected to read JFL (Severance Pay); that item number 27 be corrected to show that he was assigned a reentry eligibility (RE) code 3; and that item number 28 should be corrected to read Disability, Severance Pay, in accordance with United States Army Physical Disability Agency (USAPDA) Orders D228-14, dated 15 August 2007.
3. The applicant provides in support of his application, a copy of USAPDA Orders D228-14; and a copy of his DD Form 214.
CONSIDERATION OF EVIDENCE:
1. On 11 October 1995, the applicant enlisted in the Regular Army in Jacksonville, Florida, for 4 years, in the pay grade of E-3. He successfully completed his training as an air traffic control operator.
2. The applicant's records show that he extended his enlistment for a period of 1 month on 1 April 1999. He reenlisted in the Army for 6 years on 12 August 1999.
3. The facts and circumstances pertaining to the applicant's release from active duty (REFRAD) are not present in the available record. The DD Form 214 that he was furnished at the time of his REFRAD indicates that he was honorably retired, under the provisions of Army Regulation 635-40, paragraph 4-24B(2) by reason of a physical disability on 18 May 2006, and he was placed on the Temporary Disability Retired List (TDRL). He was furnished a separation code of SFK (disability, temporary) and a RE Code of RE-4.
4. On 23 July 2007, a Physical Evaluation Board convened to determine whether the applicant should remain on the TDRL or be separated from the Army with severance pay. He was diagnosed with chronic pain, left shoulder following
distal clavicle resection and cervical spondylosis, without significant motor abnormality. The PEB found that based on a review of the TDRL examination, the applicant remained unfit to reasonably perform the duties required by previous grade and military specialty. The PEB recommended that he be separated with severance pay, with a combined disability rating of 20 percent.
5. Accordingly, on 15 August 2007, USAPDA Orders D228-14 were published removing the applicant from the TDRL and discharging him from the Army, with severance pay, due to a permanent physical disability with a 20 percent combined service-connected disability rating.
6. Army Regulation 635-5 serves as the authority for the preparation of the DD Form 214. It provides, in pertinent part, that the DD Form 214 will be prepared to reflect an individual's service as it exists on the date of REFRAD or discharge. A DD Form 214 will not be prepared for personnel removed from the TDRL.
DISCUSSION AND CONCLUSIONS:
1. It appears the applicant's DD Form 214 was prepared in accordance with the applicable regulation.
2. On 18 May 2006, he was retired under the provisions of Army Regulation
635-40, paragraph 4-24B(2), by reason of a temporary physical disability and placed on the TDRL. He was furnished a DD Form 214 that accurately reflects this information.
3. The applicant's DD Form 214 also accurately reflects a separation code of SFK (disability, temporary), and a RE code of RE-4. While it is the applicant's desire to have his DD Form 214 corrected to reflect his current status, the applicable regulation provides that the DD Form 214 will be prepared to reflect an individual's service as it exists on the date of his/her REFRAD or discharge. Although he was subsequently discharged from the Army, with severance pay on 15 August 2007, his DD Form 214 was appropriately prepared at the time that he was REFRAD and placed on the TDRL. The applicant was not on active duty at the time he was removed from the TDRL and thus he is not entitled to be reissued a DD Form 214 or to have his current DD Form 214 corrected.
4. In order to justify correction of a military record the applicant must show 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.
5. In view of the foregoing, there is no basis for granting the applicant's request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__XXX __ __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 that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
___ XXX ___
CHAIRPERSON
ABCMR Record of Proceedings (cont) AR20080001253
4
DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET, 2ND FLOOR
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