IN THE CASE OF:
BOARD DATE: 6 September 2011
DOCKET NUMBER: AR20110004113
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, in effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect a Separation Authority, Separation Code, Reentry (RE) Code, and Narrative Reason for Separation that reflects the Fit for Duty determination made by the Physical Evaluation Board (PEB) at Fort Sam Houston, Texas.
2. The applicant states that he was placed on the Temporary Disability Retired List (TDRL) in October 2006 and on 12 June 2009 he was found fit for duty by the PEB at Fort Sam Houston and is now in perfect health by Army accessions standards. Accordingly, he desires his DD Form 214 to reflect the determination made by the Army in his case.
3. The applicant provides a copy of his PEB Proceedings and orders removing him from the TDRL.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 3 January 2003 for a period of 3 years, training as an infantryman, a cash enlistment bonus and the Loan Repayment Program. He completed his one-station unit training at Fort Benning, Georgia and was transferred to Fort Campbell, Kentucky.
2. He deployed to Iraq from 19 July 2003 to 6 February 2004 and on 2 October 2006, while serving as a recruiter in Alabama, he was honorably retired under the provisions of Army Regulation 635-40, paragraph 4-24B(2), due to disability, temporary. He had served 3 years and 9 months of active service.
3. On 31 March 2009, he was found fit for duty by a PEB convened at Fort Sam Houston and was removed from the TDRL on 12 June 2009.
4. 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 his disabilities were considered to be temporary. Accordingly, he was retired and issued a DD Form 214.
2. At the time the applicant was removed from the TDRL he was not on active duty and thus he was not entitled to receive another DD Form 214 or to have his previous DD Form 214 altered to reflect subsequent actions that occurred after his removal from the TDRL.
3. Accordingly, there appears to be no basis to grant the applicants request as his DD Form 214 correctly reflects information that was in effect at the time the DD Form 214 was prepared.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ___X____ ___X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Global War on Terrorism. The applicant and all Americans should be justifiably proud of his service in arms.
_____________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) AR20110004113
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