IN THE CASE OF:
BOARD DATE: 25 March 2014
DOCKET NUMBER: AR20130011853
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 9a (Type of Separation) of her DD Form 214 (Report of Separation from Active Duty) to show she was medically discharged.
2. The applicant states the personnel department indicated the current entry in item 9a will affect her retirement.
3. The applicant provides her DD Form 214 and summary of benefits from the Department of Veterans Affairs.
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 8 December 1975, the applicant enlisted in the Regular Army.
3. U.S. Army Military Personnel Center Orders D203-18, dated 19 October 1977, show she was determined to be unfit for duty because of physical disability incurred while entitled to basic pay. The orders stated she was placed on the Temporary Disability Retired List (TDRL) with a 30-percent disability rating effective 3 November 1977, the date following retirement (2 November 1977).
4. The DD Form 214 she was issued shows she was retired by reason of temporary disability on 2 November 1977. It shows she completed 1 year, 10 months, and 25 days of active service. Item 9a of this form contains the entry "RETIRED FM [Format] 610."
5. U.S. Army Military Personnel Center Orders D177-28, dated 10 September 1980, removed her from the TDRL and discharged her with severance pay effective 30 September 1980 with a 0-percent disability rating.
6. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for preparation of the DD Form 214 and stated the DD Form 214 was a synopsis of the Soldier's most recent period of continuous active duty. The DD Form 214 provided a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. It further provided that the applicable term would be entered in item 9a. Orders format 610 corresponded to "retirement." It also specifically stated that a separate DD Form 214 would not be prepared for Soldiers "removed from the TDRL."
DISCUSSION AND CONCLUSIONS:
1. The available evidence does not support her request to correct the entry in item 9a of her DD Form 214 to reflect a medical discharge.
2. The DD Form 214 was completed in conjunction with her placement on the TDRL. Regulatory policy does not provide for preparation of a separate DD Form 214 at the time of removal from the TDRL, which was her discharge because of permanent physical disability. As such, the evidence shows her DD Form 214 correctly reflects the type of separation she had at the time the DD Form 214 was issued.
3. In view of the foregoing, there is an insufficient basis for granting the applicant's request.
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) AR20130011853
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