IN THE CASE OF:
BOARD DATE: 3 November 2009
DOCKET NUMBER: AR20090009037
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 reconsideration of an earlier request that his DD Form 214 (Report of Transfer or Discharge) for the period ending 31 July 1972 be corrected to show his dates of service on the Temporary Disability Retired List (TDRL) from 1 August 1972 through 30 June 1974.
2. The applicant states, in effect, that he needs his DD Form 214 for the period ending 31 July 1972 to show the additional service for him to complete 20 years of service to continue receiving retirement pay and Department of the Veterans Affairs disability benefits. He indicates that he was advised that his time on the TDRL was counted as other service not active duty, that during this time he was subject to recall at any time, and that he was required to have physical examinations. He feels this period of time needs to be reflected in item 22a(2) (Other Service) on his DD Form 214 for the period ending 31 July 1972.
3. The applicant provides no documentary evidence in support of his request for reconsideration.
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20080017963, on 26 February 2009.
2. The applicant's contention that his dates of service on the TDRL from
1 August 1972 to 30 June 1974 should be reflected in item 22a(2) on his DD Form 214 for the period ending 31 July 1972 is a new argument which will be considered by the Board.
3. Having 11 months and 13 days of prior inactive service in the Army National Guard, the applicant enlisted in the Regular Army on 18 February 1955. He served as a radar repairman and he was honorably discharged on 8 July 1957 to accept appointment as a warrant officer.
4. Item 24a(1) (Net Service This Period) on the applicant's DD Form 214 for the period ending 8 July 1957 shows the entry "2 4 21" [ 2 years, 4 months, and
21 days]. Item 24a(2) (Other Service) on this DD Form 214 shows the entry
"0 11 13" [11 months and 13 days].
5. On 9 July 1957, the applicant was appointed a warrant officer and entered active duty. On 31 July 1972, the applicant was retired by reason of physical disability and placed on the TDRL the following day.
6. Item 22a(2) on the applicant's DD Form 214 for the period ending 31 July 1972 shows the entry "3 4 4" [3 years, 4 months, and 4 days].
7. On 30 June 1974, the applicant was removed from the TDRL with a disability rating of 30 percent and permanently retired.
8. Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. In pertinent part it states that the DD Form 214 is a synopsis of the SoldierÂ’s most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.
9. Army Regulation 635-5, in effect at the time, stated, in pertinent part, that all other service would be entered in item 22a(2).
10. Army Regulation 635-5 states, in pertinent part, that a DD Form 214 will not be prepared for members being removed from the TDRL.
DISCUSSION AND CONCLUSIONS:
1. The DD Form 214 is a "snapshot in time" and is a reflection of the applicant's record of active Army service at the time of his separation from active duty.
2. The applicant's prior inactive service in the Army National Guard and his service in the Regular Army from 18 February 1955 to 8 July 1957 is properly reflected in item 22a(2) on his DD Form 214 for the period ending 31 July 1972. Therefore, there is no basis for granting the applicantÂ’s request to amend item 22a(2) on his DD Form 214 for the period ending 31 July 1972.
3. Since the applicant was placed on the TDRL after his release from active duty on 31 July 1972, there is no basis for amending his DD Form 214 for the period ending 31 July 1972. In addition, the governing regulation states that a DD Form 214 will not be prepared for members being removed from the TDRL.
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 to amend the decision of the ABCMR set forth in Docket Number AR20080017963, dated 26 February 2009.
_______ _ _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) AR20090009037
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ABCMR Record of Proceedings (cont) AR20090009037
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