IN THE CASE OF:
BOARD DATE: 20 May 2014
DOCKET NUMBER: AR20130016119
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 a DD Form 214 (Certificate of Release or Discharge from Active Duty) or a DD Form 215 (Correction to DD Form 214).
2. The applicant does not make a statement. However, it appears he was considered by a physical evaluation board (PEB) in January 2006 for post-traumatic stress disorder (PTSD). The PEB recommended a 10-percent disability rating and separation with entitlement to severance pay. It also appears he elected a transfer to the Retired Reserve vice the severance pay. In 2012, his case was reconsidered and his separation orders were revoked. He was placed on the temporary disability retired list (TDRL) with a 50 percent disability rating and he was permanently retired 6 months later. The letter he received from the U.S. Army Physical Disability Agency (USAPDA) mentioned that a DD Form 215 would be attached.
3. The applicant provides a copy of the USAPDA letter, dated 7 June 2012.
CONSIDERATION OF EVIDENCE:
1. The applicant was born in March 1949.
2. Having had prior enlisted service, the applicant enlisted in the South Carolina Army National Guard (SCARNG) on 14 March 1983. He served through multiple extensions in a variety of assignments.
3. On 8 June 1996, the SCARNG issued him a Notification of Eligibility for Retired Pay at Age 60 (20-Year Letter).
4. He entered active duty on 10 February 2003 and subsequently served in Iraq from 15 April 2003 to 5 March 2004. He was released from active duty on 18 April 2004 to the control of his State ARNG and he was issued a DD Form 214 that captured this period of active service.
5. On 18 January 2006, an informal PEB considered his PTSD condition and found it unfitting. The PEB rated his condition at 10 percent and recommended his separation with entitlement to severance pay. He appears to have concurred and elected to transfer to the Retired Reserve vice accepting the severance pay.
6. On 6 June 2006, the SCARNG published Orders 157-827 transferring him to the Retired Reserve effective 28 February 2006.
7. On 3 October 2008, the U.S. Army Human Resources Command published Orders P10-815413 placing him on the Retired List in his retired grade of staff sergeant (SSG)/E-6, effective 14 March 2009.
8. On 7 June 2012, by letter, the USAPDA notified him that a correction was made to his disability rating as a result of the settlement agreement in the Sabo class action lawsuit. His separation order had been revoked and he is now issued orders placing him on the TDRL with a disability rating of 50 percent. Additional orders were issued removing him from the TDRL on the 6th month anniversary and permanently retiring him with a disability rating of 70 percent per the settlement agreement. The letter added that "Copies of all orders mentioned above, plus a copy of your DD Form 215 (Correction to DD Form 214) are attached."
9. On 7 June 2012, the USAPDA published two sets of orders:
* Orders D159-35 placing him on the TDRL in his retired grade of SSG/E-6 effective 28 February 2006
* Orders D159-36 removing him from the TDRL, effective 27 August 2006, and permanently retiring him with a 70 percent disability rating
11. 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 his or her military service. The DD Form 214 is a summary of a Soldier's most recent period of continuous active service. 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's last period of active service was from 10 February 2003 to 18 April 2004. He was issued a DD Form 214 that captured this period of active service. He did not serve on active duty beyond this date; therefore, he was not issued a DD Form 214. Without a DD Form 214, there would not be a need to issue a DD Form 215.
2. The fact that the Sabo settlement led to reconsideration of his case in 2012 and subsequent placement on the TDRL in February 2006 with permanent retirement in August 2006 did not mean he was on active duty. The entry on the USAPDA letter is a standard entry placed on all similar letters and where applicable, a DD Form 215 is issued.
3. Since the applicant was not on active duty and since he did not perform any active duty of 90 days or more in duration (after 18 April 2004), there was no need to issue a DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active service. The DD Form 215 is a correction of the DD Form 214 and carries the same meaning.
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) AR20130016119
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