IN THE CASE OF:
BOARD DATE: 18 August 2011
DOCKET NUMBER: AR20110003696
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 (Certificate of Release or Discharge from Active Duty) be corrected to reflect that she was discharged on 2 April 1991.
2. The applicant states that she desires to have her DD Form 214 corrected to show she was discharged from the Regular Army on 2 April 1991.
3. The applicant provides a copy of her DD Form 214, a diploma for completion of her advanced individual training in 1982 and a copy of her Honorable Discharge Certificate, dated 2 April 1991.
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 enlisted in the U.S. Army Reserve (USAR) on 8 December 1981. She completed her training as a material control and accounting specialist and continued to serve in the USAR until she enlisted in the Regular Army on 15 November 1988 for a period of 4 years and assignment to Europe.
3. She was transferred to Germany on 7 December 1988 and was assigned to a supply and services company.
4. On 26 May 1989, she was transferred to Walter Reed Army Medical Center (WRAMC) in Washington, D.C.
5. On 21 June 1989, she was placed on the Temporary Disability Retired List (TDRL) with a 30% disability rating for Schizophrenia that existed prior to service (EPTS). Her DD Form 214 shows she was separated on 21 June 1989.
6. On 2 April 1991, the applicant was removed from the TDRL and discharged with a 10% disability rating. She was issued discharge orders and an Honorable Discharge Certificate.
7. Army Regulation 635-5 serves as the authority for the preparation of the
DD Form 214. It provides, in pertinent part, that the DD Form 214 is a summary of the Soldiers 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. Service on the TDRL is not creditable service. The
DD Form 214 is not intended to have any legal effect on termination of a Soldiers service. A DD Form 214 will NOT be prepared for Soldiers removed from the TDRL, and changes to that form will not be made retroactively unless the event occurred during the period covered by the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. At the time the applicant was retired and transferred to the TDRL her disabilities were considered to be temporary. Accordingly, she was retired and issued a DD Form 214.
2. At the time the applicant was removed from the TDRL and honorably discharged by reason of permanent physical disability with severance pay she was not on active duty and thus she was not entitled to receive another DD Form 214 or to have her previous DD Form 214 altered to reflect subsequent actions that occurred after her retirement.
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.
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