IN THE CASE OF:
BOARD DATE: 8 July 2014
DOCKET NUMBER: AR20130019360
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 items 23 (Type of Separation) and
28 (Narrative Reason for Separation) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 13 July 1988.
2. The applicant states:
* he wants item 23 of his DD Form 214 changed to "Relief from Active Duty"
* he wants item 28 changed to "Physical Disability"
* he is not nor has he ever received retired pay from the Army
* he is off the Temporary Disability Retired List (TDRL)
* he needs these items corrected on his DD Form 214 because the U.S. Postal Service (USPS) views his DD Form 214 as he is retired
* as a result, he will not receive credit for his USPS retirement
3. The applicant provides DD Forms 214 for the periods ending 14 December 1980 and 13 July 1988.
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 (RA) on 15 November 1977 and trained as a military policeman. On 14 December 1980, he was released from active duty.
3. He enlisted in the RA on 15 April 1981 and served as a military policeman and a dog handler. On 13 July 1988, he was retired and placed on the TDRL the following day.
4. His DD Form 214 for the period ending 13 July 1988 shows the following:
* item 23 - "RETIREMENT"
* item 25 (Separation Authority) - "TITLE 10 U.S Code (USC)SECTION 1202"
* item 26 (Separation Code) - "SFK"
* item 28 - "PHYSICAL DISABILITY - TEMPORARY"
5. Orders show he was removed from the TDRL on 12 March 1990 and discharged due to disability with a 10 percent disability rating.
6. Army Regulation 635-5 (Personnel Separations - 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 the preparation of the DD Form 214. It stated that for item 23, enter one of the following entries on the DD Form 214 for enlisted personnel:
* Relief from active duty
* Discharge
* Retirement
* Separation and order to additional active duty
* Relief from ADT (active duty training)
* Release from custody and control of the Army
* Relief from ADT and discharge from the Reserve of the Army
7. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes), in effect at the time, prescribed the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the SPD codes to be used for these stated reasons. The regulation stated the reason for discharge based on SPD code SFK is "Physical Disability - Temporary" and the regulatory authority is Army Regulation 635-40(Standards of Medical Fitness), paragraph
4-24e(2).
DISCUSSION AND CONCLUSIONS:
1. The applicant's request to amend items 23 and 28 of his DD Form 214 for the period ending 13 July 1988 was noted. However, evidence shows he was retired on 13 July 1988 and placed on the TDRL the following day which is properly reflected on his DD Form 214 for the period ending 13 July 1988.
2. His type of separation and narrative reason for separation were administratively correct and in conformance with applicable regulations at the time of his separation. Therefore, there is no basis for granting the requested relief.
3. Evidence shows he was removed from the TDRL on 12 March 1990. These orders are his ultimate discharge from the Army.
4. The applicant may use those TDRL removal orders and this Record of Proceedings to verify that he was only temporarily retired during the period 14 July 1988 through 12 March 1990. As of 13 March 1990 he was no longer considered an Army retiree and in fact was discharged from the Army as of that date.
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) AR20130019360
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130019360
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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