BOARD DATE: 27 January 2015
DOCKET NUMBER: AR20140007783
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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the date he was removed from the Temporary Disability Retirement List (TDRL) due to permanent disability.
2. The applicant states that his DD Form 214 should show the date he was taken off the TDRL and permanently retired as the date he was released from active duty (REFRAD). The time on his DD Form 214 can be used for calculation of retirement time for the state of Ohio.
3. The applicant provides his Honorable Discharge Certificate, dated 23 May 1990.
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 basis to waive the statute of limitations for timely filing.
2. U.S. Army Military Personnel Center, Alexandria, Virginia, Orders D195-7, dated 11 October 1988, show the applicant was released from assignment and duty and placed on the TDRL effective 1 November 1988 as a specialist four/E-4 with 40% disability.
3. His DD Form 214 shows he was placed on the TDRL effective 1 November 1988.
4. U.S. Total Army Personnel Command, Alexandria, Virginia, Orders D104-19, dated 23 May 1990, show he was removed from the TDRL and discharged due to physical disability rated at 10 percent.
5. Army Regulation 635-5 (Separation Documents), in effect at the time, and Army Regulation 635-8 (Separation Processing and Documents), currently in effect, established 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 was to be prepared for all personnel at the time of their retirement, discharge, or released from active duty. A DD Form 214 will not be prepared for personnel being removed from the TDRL.
DISCUSSION AND CONCLUSIONS:
1. The available evidence shows the applicant was placed on the TDRL effective 1 November 1988. That was the date he left active duty.
2. His subsequent transition from the TDRL to permanent retirement on 23 May 1990 was announced by orders. The governing authorization does not authorize then or now for the issuance of a new DD Form 214.
3. His DD Form 214 should not be changed to show he was separated on
23 May 1990 instead of 1 November 1988.
4. In view of the foregoing, there is no basis for granting the applicant's requested relief.
5. The ABCMR does not correct records solely for the purpose of establishing eligibility for benefits from another agency. Granting of veterans' benefits is not within the purview of the ABCMR.
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) AR20110010197
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