IN THE CASE OF:
BOARD DATE: 10 April 2012
DOCKET NUMBER: AR20110020266
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 his date of retirement as 5 June 2003.
2. The applicant states he was placed on the Temporary Disability Retired List (TDRL) on 4 June 1998 and was required to have annual examinations by the medical board. On 5 June 2003, he was completely retired and now wants his DD Form 214 corrected to show he retired in 2003.
3. The applicant provides copies of his DD Form 214 and a Certificate of Retirement indicating his retirement from the U.S. Army on 5 June 2003.
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 applicant's 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 applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On 20 May 1994, the applicant enlisted in the Regular Army. He completed his initial training and was awarded military occupational specialty 19K (Armor Crewman).
3. Orders 146-0162, Headquarters, U.S. Army Armor Center and Fort Knox, Fort Knox, Kentucky, dated 26 May 1998, released the applicant from assignment and duty due to physical disability. He was retired effective 4 June 1998 and placed on the TDRL in the rank of specialist/pay grade E-4.
4. The applicant's DD Form 214 shows:
a. he retired due to physical disability on 4 June 1998 and
b. he completed 4 years and 15 days of creditable active duty service.
5. The Certificate of Retirement provided by the applicant indicates he retired from the U.S. Army on 5 June 2003.
6. Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214. The DD Form 214 is a summary of a 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show his date of retirement as 5 June 2003.
2. The evidence of record clearly shows the applicant was placed on the TDRL on 4 June 1998. While his military records do not contain orders or other documentation showing he was subsequently placed on the Retired List, the certificate of retirement he provides does seem to indicate such did happen.
3. The Certificate of Retirement states the applicant retired from the U.S. Army on 5 June 2003. It does not show he served on active duty at any time after his initial placement on the TDRL.
4. The purpose of the DD Form 214 is to provide a record of active duty service. Because the applicant did not perform any active duty service after his placement on the TDRL, there is no basis for changing his DD Form 214 to show a later date of retirement.
5. In view of the above, the applicant's request should be denied.
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 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) AR20110020266
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110020266
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2008 | 20080005624
The applicant provides the following documents in support of his application: Enlisted Record Brief (ERB); DD Form 214; Headquarters, United States Army Armor Center and Fort Knox, Orders 102-0163, dated 12 April 2002; United States Army Physical Evaluation Board (PEB) Memorandum, dated 30 April 2003; and United States Army Physical Disability Agency (USAPDA) Orders D109-3, dated 5 June 2003. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning...
ARMY | BCMR | CY2011 | 20110002194
The applicant requests correction of her record to show she was retired as a sergeant (SGT)/E-5 instead of specialist (SPC)/E-4. Her DD Form 214 currently shows she was retired due to temporary disability in the rank/pay grade of SPC/E-4 with an effective date of promotion of 22 October 2003. In view of the foregoing, the applicant is entitled to correction to her DD Form 214 to show she was promoted to SGT/E-5 with an effective date and date of rank of 10 November 2008.
ARMY | BCMR | CY2010 | 20100008838
Review the characterization of change of service to honorable conditions under full medical discharge under conditions by releasing me from Temporary Duty Retired List and properly placing me on the Permanent Retired List of 30 years of active duty service." The commander recommended the applicant's processing and separation through the U.S. Army Physical Disability Evaluation System (PDES). Therefore, she could not have been placed on the TDRL or the Retired List in the grade of master sergeant.
ARMY | BCMR | CY2014 | 20140014223
Application for correction of military records (with supporting documents provided, if any). Title 10, U.S. Code, section 1372, specifies any member of the Armed Forces who is retired for physical disability or whose name is placed on the TDRL is entitled to the grade equivalent to the highest of the following: (1) the grade in which he is serving on the date when his or her name was placed on the TDRL or on the date when retired, or (2) the highest temporary grade in which he or she served...
ARMY | BCMR | CY2006 | 20060014458
The applicant states, in effect, his record is in error because he does not have ulcerative colitis, a lifetime disease, which would keep him from serving in the Army. He further states that his doctor told him that tobacco did not cause his ulcerative colitis. The evidence shows that the applicant was diagnosed and treated for the ulcerative colitis.
ARMY | BCMR | CY2008 | 20080004587
The PEB indicated that he remained unfit to reasonably perform the duties required by previous grade and military specialty. Army Regulation 635-40, paragraph 7-2, provides that an individual may be placed on the TDRL (for the maximum period of 5 years which is allowed by Title 10, United States Code, section 1210 (Title 10, USC, 1210)) when it is determined that the individuals physical disability is not stable and he or she may recover and be fit for duty, or the individuals disability...
ARMY | BCMR | CY2010 | 20100030068
On 27 April 2007, orders were published by the USAPDA removing the applicant from the TDRL effective 15 February 2007 without entitlement to severance pay due to his failure to complete a scheduled physical examination and having reached the maximum time allowed by law (5 years) to remain on the TDRL. However, final action was taken on his case when the USAPDA removed him from the TDRL due to his failure to complete a scheduled physical examination and having reached the maximum time...
ARMY | BCMR | CY2013 | 20130013698
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show in: * item 4a (Grade, Rate, or Rank) and item 4b (Pay Grade) "SPC" and "E4" * item 23 (Type of Separation) other than retirement 2. Paragraph 2 of these orders show he was released from assignment and duty because of physical disability incurred while entitled to basic pay and under conditions that permitted his placement on the Temporary Disability Retired List (TDRL). ...
ARMY | BCMR | CY2012 | 20120009461
On 24 January 1998, he was retired and transferred to the TDRL due to temporary disability on 25 January 1998. The applicant was placed on the TDRL in January 1998 and would have been advised that it was his responsibility to keep the USAPDA informed of his current address and that failure to report for scheduled physical examinations could result in the termination of retired pay. Accordingly, the USAPDA removed him from the TDRL in January 2003 when he had served the maximum time allowed...
ARMY | BCMR | CY2008 | 20080012758
Application for correction of military records (with supporting documents provided, if any). Chapter 2 contains guidance on preparation of the DD Form 214 and it states, in pertinent part, that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. In this case, the applicant was properly issued a DD Form 214 on 13 November 1992, which is the date he was released from active duty and placed on the TDRL.