IN THE CASE OF:
BOARD DATE: 27 July 2011
DOCKET NUMBER: AR20110001449
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 item 28 (Narrative Reason for Separation) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show permanent disability instead of temporary disability.
2. The applicant states his disability status has changed from temporary to permanent.
3. The applicant provides his DD Form 214, a U.S. Army Physical Disability Agency (PDA) memorandum for the applicant, U.S. Army PDA Orders D314-30, and a DD 363A (Certificate of Retirement).
CONSIDERATION OF EVIDENCE:
1. His military records show he enlisted in the U.S. Army Reserve (USAR) on 13 November 2007.
2. U.S. Army Human Resources Command Orders A-07-813630, dated 21 July 2008 ordered him to active duty from a USAR Troop Program Unit status on 2 July 2008, for active duty medical extension (ADME).
3. On 31 December 2008, he was released from active duty and transferred to the USAR Control Group (Retired), with an honorable characterization of service. The DD Form 214 for the period 3 January 2008 through 31 December 2008 shows disability, temporary in item 28.
4. On 10 November 2010, he was removed from the TDRL because of permanent physical disability and placed on the Retired List the following day.
5. 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. It states the DD Form 214 is a synopsis of the Soldiers most recent period of continuous active duty. It also specifically states that a DD Form 214 will not be prepared for Soldiers "removed from the TDRL."
DISCUSSION AND CONCLUSIONS:
1. The applicant was permanently retired on 11 November 2010, a date later than the separation date of the DD Form 214 he was issued with an ending date of 31 December 2008. As such, the DD Form 214 is correct as currently constituted.
2. Absent evidence to show that his records are inaccurate or unjust, there is no basis to amend the records as requested.
3. 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.
4. 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) AR20110001449
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ABCMR Record of Proceedings (cont) AR20110001449
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