IN THE CASE OF:
BOARD DATE: 13 March 2012
DOCKET NUMBER: AR20110017968
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) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show she was retired due to permanent physical disability.
2. She states it is her understanding that after 20 years of being disabled, her condition becomes permanent. The Human Resources Shared Service Center of the U.S. Postal Service (USPS) has requested that her DD Form 214 be changed from Temporary Disability Retired List (TDRL) to Permanent Disability Retired List (PDRL).
3. She adds that the amended DD Form 214 would allow USPS to adjust her years in the postal service for future retirement.
4. She provides a letter from USPS and her DD Form 214.
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. She enlisted in the Regular Army on 6 November 1979. After completion of training, she served in military occupational specialty 73C (Finance Specialist) and attained the rank of sergeant/E-5.
3. Her records contain U.S. Army Military Personnel Center (MILPERCEN), Orders D172-6, issued 12 September 1986. Those orders show she retired on
10 October 1986 and was placed on the TDRL on 11 October 1986 with a
30-percent disability rating.
4. She was honorably retired on 10 October 1986. Item 28 of her DD Form 214 shows the entry "Physical disability, temporary."
5. MILPERCEN Orders D81-26, dated 26 April 1988, removed the applicant from the TDRL and retired her on 10 May 1988 due to permanent physical disability.
6. Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) states that an individual may be placed on the TDRL for up to
5 years as allowed by Title 10, U.S. Code, section 1210, when it is determined that the individual's physical disability is not stable and he or she may recover and be fit for duty or the individual's disability is not stable and the degree of severity may change within the next 5 years so as to change the disability rating.
7. Army Regulation 635-5 (Separation Documents) states that a DD Form 214 will be prepared at the conclusion of a period of active Federal service. An individual whose name is placed on the TDRL is considered to have been released from active Federal service and, as such, is issued a DD Form 214 at that time. While on the TDRL, individuals do not accumulate active Federal service and, when their names are removed from the TDRL, a new
DD Form 214 is not issued as they were not in an "active" status while on the TDRL.
DISCUSSION AND CONCLUSIONS:
1. The evidence shows she was properly removed from the TDRL and was placed on the PDRL effective 10 May 1988. MILPERCEN Orders D81-26 are the official record required for this action.
2. Her DD Form 214 was properly prepared in accordance with Army Regulation 635-5. There is no basis for correcting this document to show she was permanently retired due to physical disability.
3. In view of the foregoing, she is not entitled to the requested relief.
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) AR20110017968
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ABCMR Record of Proceedings (cont) AR20110017968
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