IN THE CASE OF:	  

		BOARD DATE:  29 November 2012

		DOCKET NUMBER:  AR20120013257 


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 the DD Form 214 (Certificate of Release from Active Duty) covering the period 22 August 1989 through 23 September 1992 be voided. 

2.  The applicant states:

* The period covered on this DD Form 214 is already included on another DD Form 214 from 22 August 1989 to 21 May 1999
* She was issued this DD Form 214 after being placed on the temporary disability retired list (TDRL)
* A subsequent TDRL examination found her fit for duty; accordingly, she reenlisted in the Regular Army
* Fort Bragg officials told her to have the first DD Form 214 voided 

3.  The applicant provides:

* DD Form 214 for the period 22 August 1989 to 23 September 1992
* DD Form 214 for the period 22 August 1989 to 21 May 1999
* Orders placing her on the TDRL and retiring her
* Orders separating her from active duty
* Official message authorizing her temporary retirement
* Fit for duty orders



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.  The applicant enlisted in the Regular Army on 22 August 1989 and she held military occupational specialty 91B (Medical Specialist).

3.  The complete facts surrounding her medical processing are not available for review with this case.  However, on 19 August 1992, the U.S. Total Army Personnel Command (PERSCOM), Alexandria, VA, published Orders D164-14 ordering her release from active duty on 23 September 1992 and placement on the TDRL effective 24 September 1992. 

4.  She was honorably released from active duty on 23 September 1992 and placed on the TDRL effective 24 September 1992.  The DD Form 214 she was issued shows she completed 3 years, 1 month, and 2 days of creditable active service.

5.  Her TDRL examination is not available for review with this case.  However, she provides a copy of Orders D239-4 issued by PERSCOM on 16 December 1993 that shows she had been found fit for duty and removed from the TDRL effective 16 December 1993. 

6.  She enlisted in the Regular Army on 19 January 1994.  She also served through a reenlistment on 22 May 1996.  

7.  She was honorably discharged on 21 May 1999 by reason of completion of required active service.  The DD Form 214 she was issued for this period of service shows in:

* item 12a (Date Entered Active Duty (AD) This Period) - "1989  08  27"
* item 12b (Separation Date This Period) - "1999  05  21"
* item 12c (Net Active Service This Period) - "0005  04  03"
* item 12d (Total Prior Active Service) - "0003  01  02"

8.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of their military service.  It is important that information entered on the form should be complete and accurate.  Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214.  Item 12 shows the Record of Service.  Extreme care is used when completing this block since post-service benefits, final pay, retirement credit, and so forth are based on this information.  A breakdown of entries in Item 12 is as follows:

* item 12a shows the beginning date of the continuous period of active duty for issuance of this DD Form 214
* item 12b shows the Soldier’s transition date; this date may not be the contractual date if the Soldier is separated early, voluntarily extends, or is extended
* item 12c shows the amount of service this period, computed by subtracting item 12a from 12b, less lost time
* item 12d, obtained from previously issued DD Forms 214, shows the total amount of prior active military service less lost time, if any

9.  Paragraph 2-1b of Army Regulation 635-5 states a DD Form 214 will not be prepared for Soldiers removed from the TDRL.

DISCUSSION AND CONCLUSIONS:

1.  The applicant enlisted in the Regular Army on 22 August 1989.  She was placed on the TDRL effective 24 September 1992.  Accordingly, she was issued an appropriate DD Form 214 that captured this period of active service.  It shows completion of 3 years, 1 month, and 2 days of active service.  This form is properly prepared and filed in her records.  There is no reason to void or remove it.  

2.  A subsequent examination found her medically fit and removed her from the TDRL effective 16 December 1993.  While she was on the TDRL, she was not on active duty; she was in a retired status.  As such, no DD Form 214 was needed or issued.  

3.  Having been found medically fit, it appears she was given the option to reenter military service.  Accordingly, she enlisted in the Regular Army on         19 January 1994.  She served through a reenlistment and she was ultimately discharged on 21 May 1999.  Her DD Form 214:
	a.  correctly credited her with completion of 5 years, 4 months, and 3 days of active service completed from 19 January 1994 (the date she enlisted) to 21 May 1999 (the date she was discharged).  It also correctly credited her with completion of 3 years, 1 month, and 2 days of prior active service.

	b.  incorrectly listed her entry date on active duty as 22 August 1989.  She entered active duty on 19 January 1994.  She did not serve continuously on active duty from 22 August 1989 through 21 May 1999.  As such, her DD Form 214, ending on 21 May 1999 should be corrected to show her entry date as       19 January 1994.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ___X__ _  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting from item 12a of her DD Form 214 ending on 21 May 1999 the entry "1989  08  22" and adding the entry "1994  01  19." 

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to voiding her DD Form 214 covering the period 22 August 1989 through 23 September 1992.  



      _______ _  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)                                         AR20120013257





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ABCMR Record of Proceedings (cont)                                         AR20120013257



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