IN THE CASE OF:
BOARD DATE: 22 April 2010
DOCKET NUMBER: AR20090018383
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 the narrative reason for separation on his
DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed to show he was medically discharged or placed on the Temporary Disability Retired List (TDRL).
2. The applicant states that he was placed on the TDRL effective 22 September 2009 and this medical reason was not entered on his DD Form 214. Without the appropriate discharge document he is unable to get medical care from the Department of Veterans Affairs.
3. The applicant provides copies of his DD Form 214 and his TDRL orders in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant's military records show he enlisted in the USAR in pay grade
E-3 on 6 October 2003. He was ordered to active duty for training (ADT) and entered an active duty status on 12 January 2004. He was released from ADT on 16 July 2004 due to completion of required active service and transferred to a Reserve unit. His DD Form 214 shows a credit of 6 months and 5 days of net active service.
2. On 20 July 2009, a Physical Evaluation Board (PEB) convened and considered the applicant's disabilities of idiopathic erythema nodosum complicated by recurrent skin infection and deep vein thrombosis of the left leg and manic depressive disorder. The PEB found that his medical and physical impairments prevented reasonable performance of duties required by his grade and military specialty. The PEB placed the applicant on the TDRL because his conditions were not sufficiently stable for final adjudication. On 12 August 2009, he concurred with the findings and recommendations of the PEB.
3. Orders, dated 18 August 2009, released the applicant from the USAR and placed him on the TDRL with an effective date of 22 September 2009.
4. Army Regulation 635-5 (Separation Documents) 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 the DD Form 214 is a summary of a Soldiers most recent period of continuous active duty. Paragraph 2-1(a)(2) specifies that a DD Form 214 will be prepared for Active Army Soldiers on termination of active duty, Reserve Component Soldiers completing 90 days or more of continuous ADT, or Active Guard Reserve Soldiers on active duty.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that the narrative reason for separation on his
DD Form 214 should be changed to show he was medically discharged or placed on the TDRL was considered and found to lack merit. The evidence shows he enlisted in the USAR on 6 October 2003 and entered ADT on 12 January 2004. He was released from ADT on 16 July 2004 due to completion of required active service and transferred to a Reserve unit. In accordance with regulatory guidance, he was properly issued a DD Form 214 since he completed more than 90 days of continuous ADT. The DD Form 214 is meant to be a record of a Soldiers most recent period of continuous active service.
2. He served in the USAR from 17 July 2004 until he was appropriately issued an order placing him on the TDRL on 22 August 2009. There is no evidence that shows he served in an active duty status after 16 July 2004 or that he was serving in an active status on 22 August 2009 to qualify for the issuance of a
DD Form 214.
3. In view of the foregoing, there is no basis for granting the applicant's request.
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) AR20090018383
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ABCMR Record of Proceedings (cont) AR20090018383
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