IN THE CASE OF:
BOARD DATE: 3 March 2011
DOCKET NUMBER: AR20100021870
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 her DD Form 214 (Report of Separation from Active Duty), item 8d (Effective Date) be changed to 23 June 1978 vice
9 September 1976.
2. The applicant states, in effect, she has two sets of orders that show two different dates of "discharge" and she needs her records corrected to show one final date of discharge.
3. The applicant provides copies of her DD Form 214; Letter Orders Number
D6-389, dated 25 June 1976; and Letter Orders Number D123-5, dated 23 June 1978, both issued by the U.S. Army Military Personnel Center, Alexandria, VA.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant's DD Form 214 shows she served in an active duty status from 29 June 1974 to 9 July 1976 until she was released due to retirement. She had completed 2 years and 11 days of active service.
3. Letter Orders Number D6-389, dated 25 June 1976, show the applicant was placed on the Temporary Disability Retired List (TDRL) effective 10 July 1976 with an 80 percent disability rating.
4. Letter Orders Number D123-5, dated 23 June 1978, show the applicant was removed from the TDRL due to permanent disability with an 80 percent disability rating.
5. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214 and states 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 (emphasis added) at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant's DD Form 214 appropriately shows she served in an active duty status from 29 June 1974 to 9 July 1976 when she was released due to retirement and placed on the TDRL on 10 July 1976. She was removed from the TDRL due to permanent disability.
2. The date the applicant was removed from the TDRL and permanently retired does not affect the effective date of release from active duty on the DD Form 214. The DD Form 214 provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.
3. The applicant has established no basis for correcting her DD Form 214.
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) AR20100021870
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ABCMR Record of Proceedings (cont) AR20100021870
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