IN THE CASE OF:
BOARD DATE: 11 December 2008
DOCKET NUMBER: AR20080012237
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, that her DD Form 214 (Certificate of Release or Discharge from Active Duty) and Defense Finance and Accounting Service paperwork reflect her Temporary Disability Retired List (TDRL) retirement date.
2. The applicant states, in effect, that based on orders transferring her to the TDRL and a disability rating from the Department of Veterans Affairs (VA) that her DD Form 214 should show her retirement date.
3. The applicant provides a VA Disability Rating Decision and an order placing her on the TDRL in support of her application.
CONSIDERATION OF EVIDENCE:
1. The applicant's records show she was ordered to active duty from a U.S. Army Reserve Troop Program Unit status on 11 December 2003, in support of Operation Iraqi Freedom.
2. On 21 January 2005, the applicant was released from active duty and transferred to the 13th Adjutant General Command, Headquarters and Headquarters Company, 13th CSC under the provisions of Army Regulation
600-8-24 (Officer Transfers and Discharges), paragraph 2-27a, with an honorable characterization of service after completion of required active service.
3. The DD Form 214 for the period 11 December 2003 through 21 January 2005 shows she completed a total of 1 year, 1 month, and 11 days of creditable active military service for that period.
4. United States Army Physical Disability Agency Orders Number D321-01, dated 16 November 2007, show the applicant was placed on the TDRL effective 21 December 2007 after completing a total of 5 years and 20 days for disability retirement credit and 21 years, 8 months, and 21 days of creditable service for pay. The Defense Finance and Accounting Service shows her retirement date as 21 December 2007.
5. Army Regulation 635-5 (Separation Documents) is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active service at the time of release from active duty, retirement or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that her DD Form 214 and her DFAS paperwork should be corrected to show her date of placement on the TDRL as her retirement date was carefully considered and determined to be without merit.
2. Placement on the TDRL was effective 21 December 2007, a date later than the separation date of the DD Form 214 she was issued on 21 January 2005. The DD Form 214 is correct as currently constituted. Based on a review of available records, it has been determined that the retirement date used by the Defense Finance and Accounting Service is also correct, in that it matches the date on the applicant's retirement order.
3. Absent evidence to show that her records are inaccurate or unjust, there is no basis to amend the records as requested.
4. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, 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.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X__ ___X____ ___X____ 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.
__________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) AR20080013198
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20080012237
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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