IN THE CASE OF:
BOARD DATE: 14 August 2008
DOCKET NUMBER: AR20080008787
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 that his official record be corrected to show he entered service in October 1968. He also requests that his record be corrected to show he retired on 12 April 1972.
2. The applicant states, in effect, that his record shows he entered service in January 1969 vice October 1968. He contends that he was stationed at Fort Leonard Wood, Missouri when he was drafted. He also contends that he was placed on the Temporary Duty Retired List (TDRL) on 26 January 1969 and removed from the TDRL on 12 April 1972. He wants to know whether his time on the TDRL counts as Reserve service and to be issued a new DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) reflecting his total service time.
3. The applicant did not provide additional documentary evidence in support of this 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 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 evidence of record shows the applicant was inducted and entered active duty on 30 October 1968. His induction was processed through the Armed Forces Examining and Entrance Station in Shreveport, Louisiana in April 1968. There is no evidence the applicant was drafted while at Fort Leonard Wood, although he was in-processed through the reception center and attended basic combat training at Fort Leonard Wood. The applicant's DD Form 214 properly shows he was inducted on 30 October 1968.
3. On 26 January 1970, the applicant was placed on the TDRL due to a psychotic depressive reaction. He was properly issued a DD Form 214 covering his period of active service.
4. On 30 April 1972, the applicant was removed from the TDRL and discharged by reason of physical disability with severance pay. He was properly issued letter orders removing him from the TDRL.
5. Army Regulation 635-5 (Separation Documents) prescribes policies and procedures regarding separation documents (DD Form 214/5). A DD Form 214 is prepared for individuals at the termination of active duty by reason of administrative separation, to include separation by reason of retirement or expiration terms of service. Paragraph 2-1b, in pertinent part, stipulates that a DD Form 214 will not be prepared for individuals removed from the TDRL.
DISCUSSION AND CONCLUSIONS:
1. The applicant was inducted on 30 October 1968. His official record properly shows his date of induction as 30 October 1968. Therefore, no action is required on the applicant's request because his record is correct.
2. Individuals who are placed on the TDRL are not performing active military service; they are, in fact, retired. The applicant was placed on the TDRL on
26 January 1970 and he did not perform any further active duty service from that date.
3. The DD Form 214 encapsulates a period of active duty. Army Regulation 635-5 stipulates that a DD Form 214 will be prepared for individuals who are separated by reason of retirement. This regulation also stipulates that a DD Form 214 will not be prepared for individuals removed from the TDRL.
4. Since the applicant did not perform active duty after he was placed on the TDRL, his DD Form 214 correctly shows his retirement date.
5. When the applicant was removed from the TDRL and discharged due to his physical disability, he was issued a discharge order from the Army showing that he was removed from the TDRL and discharged because of a physical disability with severance pay. A copy of his discharge order is enclosed for the applicant's use.
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
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) AR20080008787
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080008787
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2008 | 20080015503
The applicant requests correction of his 16 December 1971 (1 November 1969 edition) AGPZ Form (Data for Retired Pay) to show in Item 29 (Physical Disability Information Pertinent to the Dual Compensation Act of 1964) that he was retired for disability caused by an instrumentality of war and incurred in line of duty during a period of war. In effect, the applicant seeks to qualify for Combat-Related Special Compensation (CRSC). Following the 18 October 1971 PEB, a new AGPZ Form 977, dated...
ARMY | BCMR | CY2009 | 20090021165
He also states, in effect, he was awarded Air Medals while serving in Vietnam and they are not shown on his DD Form 214. The available evidence shows the applicant was authorized one Air Medal and this medal is shown on his DD Form 214. 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.
ARMY | BCMR | CY2008 | 20080010330
The applicant provides: a. DD Form 214 for the period 19 February 1970 through 24 November 1970. b. DD Form 214 for the period 24 October 1968 through 18 February 1970. c. General Orders Number 5406, Headquarters, 25th Infantry Division, Vietnam, dated 24 May 1970, awarding him the Purple Heart for wounds received on 6 May 1970. d. Purple Heart Certificate. The applicant's retirement DD Form 214, dated 24 November 1970, lists only the Vietnam Campaign Medal with Device (1960) and One...
ARMY | BCMR | CY2011 | 20110006799
Both orders show the same SSN as shown on his Social Security card, DD Form 398, and DA Form 20. Therefore, the SSN on his DD Form 214 should be corrected accordingly. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting from item 3 of his DD Form 214 the current entry and replacing it with the social security number as shown on his Social Security card and other official orders and documents referenced in these...
ARMY | BCMR | CY2010 | 20100024892
On 2 April 2010, the applicant was removed from the TDRL and discharged from the service with severance pay because of permanent physical disability with a disability rating of 20%. Army Regulation 635-200 (Personnel Separations - Active Duty Enlisted Administrative further states, in pertinent part, that prior to discharge or release from active duty, individuals will be assigned RE codes based on their service records or the reason for discharge. Although the applicant was properly...
ARMY | BCMR | CY2009 | 20090003514
IN THE CASE OF: BOARD DATE: DOCKET NUMBER: AR20090003514 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant contends that the DD Form 214 he received when he was placed on the TDRL does not indicate his first induction into the Army of the United States on 31 (sic) August 1961 and that the date of entry on his DD Form 214 shows the last date he reenlisted. Since the applicant was furnished a DD Form 214 which properly covers his period of induction, there is no basis for...
ARMY | BCMR | CY2010 | 20100016720
Application for correction of military records (with supporting documents provided, if any). Item 11d of the applicant's DD Form 214 shows the effective date of his separation for temporary disability retirement as 19 June 1969. Since the governing regulation states that a DD Form 214 will not be prepared for members being removed from the TDRL, there is no basis for granting the applicant's request.
ARMY | BCMR | CY2011 | 20110015769
Accordingly, the PEB recommended placing him on the TDRL by reason of temporary physical disability. He was issued a DD Form 214 upon conclusion of his active service and transfer to the TDRL in March 1983. A TDRL PEB later determined the applicant's medical condition had resolved and the board found him to be physically fit for duty.
ARMY | BCMR | CY2014 | 20140005009
The applicant states he served as an infantryman in Vietnam, lost his leg, and was awarded the Purple Heart; however, he did not receive the CIB. On 29 September 1969, he was again transferred to Vietnam for assignment to HHC, 1st Battalion, 52nd Infantry Regiment as a light weapons infantryman. The applicant was serving in an aviation unit at the time he was wounded.
ARMY | BCMR | CY2006 | 20060017106
Fields Member The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant provides her DD Form 214 (Certificate of Release or Discharge from Active Duty) with the period ending 4 October 1997; numerous letters to and from Congressional Representatives; a DA Form 638 (Recommendation for Award), dated 12 August 1996; a United States Army Medical Specialist Course diploma; a United States Army Medical Department certificate; two...