IN THE CASE OF:
BOARD DATE: 31 July 2008
DOCKET NUMBER: AR20080006714
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, the reason for retirement on his
DD Form 214 with an effective date of 26 March 2006 be changed from disability, temporary to permanent medical retirement. He also requests the award of the Meritorious Service Medal be added to his DD Form 214.
2. The applicant states, in effect, his new retirement orders show he is permanently retired due to disability and his retirement award is not on his
DD Form 214.
3. The applicant provides a copy of a certificate for the award of the Meritorious Service Medal, a DA Form 638 (Recommendation for Award), a transmittal and letter from the U.S. Army Physical Disability Agency (USAPDA), and a Certificate of Retirement in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant's military personnel record shows he enlisted in the Regular Army on 13 August 1998 for a period of 3 years. He successfully completed basic combat and advanced individual training and was awarded the military occupational specialty 88M (Motor Transport Operator). He served on active duty continuously until the date of his retirement.
2. The DA Form 638, submitted by the applicant, documents the approval of his award of the Meritorious Service Medal by the Commanding General, 7th Infantry Division, Fort Carson, Colorado. The form shows Headquarters, 7th Infantry Division, Fort Carson, Colorado, Permanent Orders Number 046-011 was issued on 15 February 2006.
3. The applicant's records contained on the integrated Personnel Electronic Records Management System (iPERMS) include a certificate for the award of the Meritorious Service Medal, dated 15 February 2006. The certificate shows Permanent Orders 046-011 from Headquarters, Fort Carson and is signed by a major general.
4. On 26 March 2006, the applicant was released from active duty and placed on the Temporary Disability Retired List (TDRL) on 27 March 2006. His percentage of disability was 40 percent. He had completed 7 years, 7 months, and 14 days of active service that was characterized as honorable.
5. Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicantÂ’s DD Form 214 does not contain an entry for the Meritorious Service Medal.
6. Item 23 (Type of Separation) of the applicant's DD Form 214 contains the entry "Retirement."
7. Item 28 (Narrative Reason for Separation) contains the entry "Disability, Temporary."
8. On 4 May 2007, the applicant was removed from the TDRL and placed on the Retired List due to permanent physical disability. His percentage of disability is
60 percent.
9. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. This regulation states, in pertinent part, that a DD Form 214 will be issued at the time of separation to each member of the Regular Army and each member of the Reserve components and the Army of the United States (AUS) without component, called or ordered to active duty or active duty for training (ACDUTRA) for a period of
90 days or more. This regulation specifically prohibits the issuance of a
DD Form 214 to personnel being removed from the TDRL.
10. Army Regulation 635-200 (Personnel Separations) defines active duty as full time duty in the active military service of the United States - includes active duty for training.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends the reason for separation his DD Form 214 should be changed to show he is permanently retired due to medical disability.
2. The DD Form 214 is a record of active duty performed by a Soldier. The period of time the applicant spent on the TDRL is not active service and does not change the period of active service currently reflected on his DD Form 214 or the reason he was released from active duty. Therefore, the reason indicated on the applicant's DD Form 214 for his release from active duty on 26 March 2006 is correct.
3. Army Regulations specifically prohibit the issuance of a DD Form 214 to Soldiers being removed from the TDRL.
4. The award certificate taken from iPERMS and the DA Form 638 are sufficient to show the applicant was awarded the Meritorious Service Medal. Therefore, it is appropriate to add this award to his DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
__X_____ ___X____ ___X___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 to show he was awarded the Meritorious Service Medal.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to a change of the reason for separation on his DD Form 214.
________X______________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20080006714
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ABCMR Record of Proceedings (cont) AR20080006714
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