BOARD DATE: 10 August 2010
DOCKET NUMBER: AR20100007997
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 correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states that she was told to request correction of her
DD Form 214 to show her recent removal from the Temporary Disability Retired List (TDRL) and permanent retirement.
3. The applicant provides a copy of her discharge order and DD Form 214 in support of her application.
CONSIDERATION OF EVIDENCE:
1. The applicants military records show she enlisted in the Regular Army and entered active duty on 23 September 1999, and was trained in and awarded military occupational specialty 96H (Common Ground Station Operator).
2. On 11 January 2007, Headquarters, United States Army Garrison, Fort Gordon, Georgia, issued Orders Number 011-0900. These orders directed the applicants separation because of physical disability on 9 February 2007 and her placement on the TDRL on 10 February 2007 based on a 40-percent disability rating.
3. On 9 February 2007, the applicant was honorably separated after completing 7 years, 4 months, and 17 days of creditable active military service. The DD Form 214 issued to her at that time confirms in item 28 she was separated under the provisions of paragraph 4-24b(2), Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), by reason of disability, temporary. Item 23 contains the entry "retirement" to identify the type of separation she received.
4. On 3 December 2009, a physical evaluation board (PEB) at Walter Reed Army Medical Center reviewed the applicants recent periodic medical examinations and medical records and recommended her name be removed from the TDRL and her placement on the retired list due to permanent disability. The DA Form 199 (PEB Proceedings) shows the applicant's combined disability rating was changed to 50 percent.
5. On 18 December 2009, the United States Army Physical Disability Agency (USAPDA) issued Orders Number D352-07 which directed the applicants removal from the TDRL on 18 December 2008 based on her 50-percent disability rating and placement on the retired list effective 19 December 2009.
6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. Chapter 2 provides guidance on preparing the DD Form 214 and states, in pertinent part, that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. The DD Form 214 is not intended to have any legal effect on termination of a Soldier's service. Paragraph 2-6 contains guidance on alterations and corrections to the DD Form 214. There are no regulatory provisions that allow for a changing or altering the DD Form 214 to document events that occur subsequent to a member's release from active duty (REFRAD).
DISCUSSION AND CONCLUSIONS:
1. The applicant's contends that her DD Form 214 should be corrected to reflect that she was retired by reason of permanent disability.
2. By regulation, the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. The DD Form 214 is not intended to have any legal effect on termination of a Soldier's service. There are no regulatory provisions that allow for a changing or altering the DD Form 214 to document events that occur subsequent to a member's REFRAD.
3. The evidence of record confirms that the applicant received a 40-percent disability rating and was honorably separated for the purpose of retirement on 9 February 2007 by reason of a temporary disability and placed on the TDRL as evidenced by her separation orders on file in her Official Military Personnel File. As a result, the authority and reason for her separation and the type of separation reflected on the DD Form 214 accurately reflect the conditions that existed at the time of the applicant's separation from active duty and remain valid.
4. As a result, it would not be appropriate to change the applicant's DD Form 214 to reflect the applicant's subsequent removal from the TDRL and a 50-percent disability rating and placement on the retired list due to permanent disability which is properly documented in the USAPDA orders that were published authorizing and directing this action.
5. In view of the forgoing, the applicants request should be denied.
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) AR20100007997
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