BOARD DATE: 27 September 2011
DOCKET NUMBER: AR20110004543
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was separated on 16 June 2009 and retired by reason of permanent disability.
2. The applicant states his DD Form 214 shows he served on active duty from 3 March 2003 to 13 July 2004. However, he was placed on the Temporary Disability Retired List (TDRL) with a 40-percent disability rating on 22 October 2007 and he was removed from the TDRL and was permanently retired with a 60-percent disability rating on 16 June 2009. He further states his DD Form 214 should be corrected to show continuous duty from 3 March 2003 until he was permanently retired on 16 June 2009.
3. The applicant provides copies of his DD Form 214; his TDRL orders; his permanent retirement orders; a memorandum regarding anticipated referral to a physical evaluation board (PEB), dated 16 November 2006; and his military identification card.
CONSIDERATION OF EVIDENCE:
1. The applicant's records, though somewhat incomplete, show he was serving in the U.S. Army Reserve in pay grade E-4 when he was ordered to active duty in support of Operation Enduring Freedom on 3 March 2003 at Fort Eustis, Virginia.
2. His DD Form 214 shows he deployed to Kuwait and Iraq from 27 April 2003 to 16 May 2004. On 13 July 2004, he was honorably released from active duty (REFRAD) due to completion of required service. His chronological statement of retirement points shows that he never served on active duty after this date except for two days during retirement year ending 25 October 2006.
3. On 23 August 2007, a PEB convened at Fort Sam Houston, Texas, and determined the applicant was unfit for service and recommended his placement on the TDRL with a 40-percent disability rating. Accordingly, he was placed on the TDRL effective 22 October 2007.
4. On 16 June 2009, he was removed from the TDRL and permanently retired with a 60-percent disability rating effective 17 June 2009.
5. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides that the DD Form 214 is a summary of the 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. Service on the TDRL is not creditable active service. The DD Form 214 is not intended to have any legal effect on the termination of a Soldier's service. A DD Form 214 will not be prepared for Soldiers removed from the TDRL and changes to a DD Form 214 will not be made retroactively unless the event occurred during the period covered by the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should show he was separated on 16 June 2009 and retired by reason of permanent disability has been noted and was found to lack merit. Except for two days, the applicant was not serving on active duty from the time of his REFRAD on 13 July 2004 until he was placed on the TDRL or until he was permanently retired and thus is not entitled to have his DD Form 214 corrected to grant him credit for service not performed.
2. Service on the TDRL is not creditable active service and the applicable regulation specifically directs that a DD Form 214 will not be issued upon removal from the TDRL.
3. While it is understood why the applicant desires a new or corrected DD Form 214, his orders removing him from the TDRL and permanently retiring him serve as his separation document for verification proposes.
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 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 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.
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