IN THE CASE OF:	  

		BOARD DATE:  4 February 2014

		DOCKET NUMBER:  AR20130008608 


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 issuance of an Honorable Discharge Certificate and correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) as follows:

* Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) to show two awards of the Army Achievement Medal
* Item 28 (Narrative Reason for Separation) to show permanent instead of temporary retirement

2.  The applicant states:

* the second award of the Army Achievement Medal was issued to him after his DD Form 214 had been processed
* he was initially placed on the temporary disability retired list (TDRL) in January 2010; but, he is no longer temporarily retired, he is now permanently retired

3.  The applicant provides:

* DD Form 214
* Orders 038-189 (Removal from the TDRL)
* Two certificates and two DA Forms 638 (Recommendation for Award) awarding him two Army Achievement Medals

CONSIDERATION OF EVIDENCE:

1.  Having had prior service in the U.S. Navy (27 June 2005 through 26 August 2007 - 2 years and 2 months), the applicant enlisted in the Regular Army (RA) on 27 August 2007 and he held military occupational specialties 19D (Cavalry Scout) and 68W (Health Care Specialist).  

2.  He reenlisted in the RA on 19 February 2008 and served in Iraq from 31 January 2008 to 13 February 2009.  

3.  He appears to have suffered an injury that warranted his entry into the Army physical disability evaluation system (PDES) and his case was considered by a medical evaluation board that referred him to a physical evaluation board (PEB). 

4.  On 7 October 2009, a PEB convened and found he was physically unfit to perform the duties of his grade and military specialty by reason of post-traumatic stress disorder and left ankle strain.  The PEB rated him and recommended a combined physical disability rating of 70 percent (%) and placement on the TDRL with reexamination during July 2010.  The applicant concurred with the PEB's findings and recommendations and waived a formal hearing of his case.

5.  On 6 January 2010, the applicant was honorably retired under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), paragraph 4-24b(2), and placed on the TDRL effective 7 January 2010.  His DD Form 214 shows in:

* Item 12a (Date Entered Active Duty This Period) - "2004-12-07"
* Item 12b - (Separation date This Period) - "2010-01-06"
* Item 12c - (Net Active Service This Period) - "0002-04-10"
* Item 12d (Total Prior Active Service) - "0002-02-00"
* Item 13 - 

* Army Commendation Medal
* Army Achievement Medal
* U.S. Navy Achievement Medal (2nd Award)
* Army Good Conduct Medal
* Navy Fleet Marine Force Ribbon
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Iraq Campaign Medal with campaign star
* Army Service Ribbon
* Overseas Service Ribbon
* Combat Action Badge
* Marksman Marksmanship Qualification Badge with Rifle Bar

* Item 28 - Disability, Temporary (Enhanced) 

6.  Permanent Order (PO) Number 133-004, issued by Headquarters, 4th Squadron, 10th Cavalry, Fort Carson, CO, on 13 May 2009, awarded him the Army Achievement Medal for service from 7 December 2007 to 10 July 2009.

7.  PO Number 306-02, issued by Headquarters, Warrior Transition Battalion, Fort Carson, CO, on 30 October 2009, awarded him the Army Achievement Medal for service from 15 June to 23 October 2009. 

8.  On 19 January 2012, a TDRL PEB convened and found the applicant's conditions were considered sufficiently stable for final adjudication.  He was rated as 40% disabled for his medical condition.  Accordingly, the PEB recommended his removal from the TDRL and his permanent retirement.  

9.  On 7 February 2012, the U.S. Army Physical Disability Agency published Orders 038-18 ordering his removal from the TDRL and permanently retiring him for disability effective 8 February 2012.  

10.  Army Regulation 635-40 sets forth policies, responsibilities, and procedures that apply in determining whether a Soldier is unfit because of physical disability to reasonably perform the duties of his or her office, grade, rank, or rating.  If a Soldier is found unfit because of physical disability, this regulation provides for disposition of the Soldier according to applicable laws and regulations.

11.  Army Regulation 635-40, paragraph 7-2, provides that an individual may be placed on the TDRL (for the maximum period of 5 years 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.

12.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  It states for:
* Item 12a, enter the beginning date of the continuous period of active duty for issuance of this DD Form 214, for which a DD Form 214 was not previously issued
* Item 12b, the Soldier's transition date; this date may not be the contractual date if Soldier is separated early, voluntarily extends, or is extended for make-up of lost time, or retained on active duty for the convenience of the Government
* Item 12c, amount of service this period, computed by subtracting item 12a from 12b; less lost time (if applicable)
* Item 13, list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 (Military Awards); each entry will be verified by the Soldier’s records

13.  Paragraph 2-1(b) of Army Regulation 635-5 provides that a DD Form 214 will not be prepared for Soldiers removed from the TDRL.

14.  Paragraph 2-10 (DD Form 256A (Honorable Discharge Certificate) and DD Form 257A (General Discharge Certificate)): Issue these discharge certificates appropriately to all Soldiers receiving an honorable or general discharge. 

15.  Paragraph 2-11 (DD Form 363A (Certificate of Retirement)): This certificate is issued to all retiring Soldiers, except those on the TDRL, in the Army of the United States, or in the ARNG if on Full-Time National Guard Duty.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded two Army Achievement Medals.  His DD Form 214 listed only one award.  He is entitled to correction of his DD Form 214 to show both awards. 

2.  Although he did not specifically request it, as a related item the date of entry shown on his DD Form 214 is incorrect.  He enlisted in the RA on 27 August 2007, not 7 December 2004 as shown.  He completed 2 years, 4 months, and 
10 days of active service and he had 2 years and 2 month of prior active service. Therefore, item 12a of his DD Form 214 should be corrected to show
"2007-08-27" vice "2004-12-07." 

3.  With respect to correcting the narrative reason for separation from temporary to permanent retirement:  

	a.  He enlisted in the RA on 27 August 2007 and he was placed on the TDRL on 6 January 2010 by reason of temporary physical disability.  He was not permanently retired on 6 January 2010.  He was retired by reason of temporary disability on that date.  The TDRL means his condition was temporary and unstable.  It safeguarded the applicant from being permanently retired with a condition that may reasonably be expected to develop into a more serious permanent disability.  

   b.  There is no evidence to show the applicant performed any period of active duty service following his placement on the TDRL that would have warranted the issuance of another DD Form 214.  His removal from the TDRL and subsequent permanent retirement has no impact on the DD Form 214 he was issued on 
6 January 2010.  Furthermore, the applicable regulation specifically states a DD Form 214 will not be prepared for Soldiers removed from the TDRL.  

4.  With respect to the Honorable Discharge Certificate, the applicant was not discharged; he was placed on the TDRL.  An Honorable Discharge Certificate (DD Form 256A) is issued to those who were discharged.  

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 his DD Form 214 the entry "2004-12-07" and adding "2007-08-27"
* deleting from item 13 of his DD Form 214 the Army Achievement Medal and adding the Army Achievement Medal (2nd Award)






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 changing his narrative reason for separation from temporary to permanent retirement or issuing him an Honorable Discharge Certificate. 



      _______ _  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)                                         AR20130008608



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ABCMR Record of Proceedings (cont)                                         AR20130008608



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