BOARD DATE: 1 October 2009
DOCKET NUMBER: AR20090007685
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show he was separated from active duty effective 1 October 2007.
2. The applicant states, in effect, that his DD Form 214 should be changed because he was discharged on 1 October 2007, not 14 February 2006.
3. The applicant provides copies of his DD Form 214 and U.S. Army Physical Disability Agency Orders D276-06, effective 1 October 2007.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 17 July 1990. He progressed normally and attained the rank and pay grade of staff sergeant, E-6.
2. The applicant developed ulcerative proctosigmoiditis, an inflammatory bowel disease, and was afforded a medical disability evaluation with a finding that he was medically unfit for continuation on active duty with a 40 percent disability rating.
3. His DD Form 214 shows he was released from active duty and placed on the Temporary Disability Retired List (TDRL) on 14 February 2006 with 15 years,
6 months, and 28 days of creditable service. His narrative reason for separation is temporary disability.
4. Physical Evaluation Board (PEB) Proceedings, dated 19 September 2007, show the applicants condition had stabilized and he was determined to be
10 percent disabled.
5. Based on the PEB findings, U.S. Army Physical Disability Agency Orders D276-06 were issued directing the applicants removal from the TDRL and separation from the service due to permanent disability with a 10 percent disability rating, effective 1 October 2007.
6. Army Regulation 635-5 (Separation Documents) states separation documents must be prepared for Soldiers upon retirement, discharge, release from active duty service, or control of the Active Army. A DD Form 214 will not be prepared for Soldiers upon removal from the TDRL.
DISCUSSION AND CONCLUSIONS:
1. The applicant states, in effect, he was discharged on 1 October 2007, not 14 February 2006 as listed on his DD Form 214.
2. The terminal date on a DD Form 214 is not necessarily the ultimate date of a Soldier's discharge. It is rather the date of release from active duty. A discharge date would appear on a DD Form 214 only when it coincides with the end of a period of active duty. Time spent on the TDRL is not active duty, and as such a change of this date is not appropriate.
3. The date of the applicant's discharge is properly listed only on his 1 October 2007 discharge orders.
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) AR20090007685
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