IN THE CASE OF:	  

		BOARD DATE:	  7 January 2015

		DOCKET NUMBER:  AR20140007838 


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 19a (Mailing Address After Separation), 14 (Military Education), and 28 (Narrative Reason for Separation) of DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states:

* his mailing address changed
* two military schools are missing
* his reason for separation was changed to permanent disability

3.  The applicant provides:

* Certificate of Training for the 40-hour Total Army Retention Course
* Certificate of Completion for the 20-hour Operation and Operator Maintenance Course for the M1083 Medium Tactical Vehicle

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 on 10 September 1991 and trained as an automated logistics specialist.

3.  He provided a Certificate of Training, dated 28 April 2000, which shows he completed the 40-hour Total Army Retention Course.

4.  He provided a Certificate of Completion, dated 20 February 2002, which shows he completed the 20-hour Operation and Operator Maintenance Course for the M1083 Medium Tactical Vehicle.

5.  On 20 April 2004, he retired by reason of temporary disability and was placed on the Temporary Disability Retired List (TDRL) the following day.

6.  Item 14 of his DD Form 214 does not show he completed the Total Army Retention Course or Operation and Operator Maintenance Course for the M1083 Medium Tactical Vehicle.

7.  His DD Form 214 shows in:

* item 19a – XXX L____ Drive, Fayetteville, NC
* item 25 (Separation Authority) – Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), paragraph 4-24b(2)
* item 26 (Separation Code) – SFK
* item 28 – Disability, Temporary

8.  U.S. Army Physical Disability Agency Orders D114-15, dated 24 April 2009, removed him from the TDRL because of permanent physical disability (100 percent) effective 20 April 2009 and permanently retired him the following date.

9.  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 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.  A DD Form 214 will not be prepared for Soldiers removed from the TDRL.  The line item instructions specified:

	a.  For item 14, list formal in-service (full-time attendance) training courses of at least 40 hours successfully completed (include title, length in weeks, and month and year completed).  This information is to assist the Soldier in job placement and counseling; therefore, do not list training courses for combat skills.

	b.  For item 19a, the mailing address after separation will be provided by the Soldier and this address must be a permanent address.

10.  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 reason for discharge based on SPD code SFK is "Disability, Temporary" and the regulatory authority is Army Regulation 635-40, paragraph 4-24b(2).

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of item 19a of his DD Form 214 to show his current address.  The DD Form 214 is a snapshot in time and is a reflection of the applicant's record of active Army service at the time of his retirement.  The evidence shows he reported his mailing address after separation was in Fayetteville, NC, at the time of his retirement in 2004.  Since it appears his address changed after this date, there is no basis for granting this portion of his request.

2.  The evidence of record shows he completed the 40-hour Total Army Retention Course in 2000.  Therefore, item 14 of his DD Form 214 should be corrected to show completion of this course.

3.  The evidence of record shows he completed the 20-hour Operation and Operator Maintenance Course for the M1083 Medium Tactical Vehicle in 2002.  However, the governing regulation states training courses of at least 40 hours successfully completed would be listed in item 14 of the DD Form 214.  Therefore, there is no basis for granting this portion of his request.

4.  The applicant's request to amend item 28 of his DD Form 214 was noted.  However, the evidence shows he retired on 20 April 2004 by reason of temporary disability and he was placed on the TDRL the following day which is properly reflected on his DD Form 214.  His narrative reason for separation was administratively correct and in conformance with applicable regulations at the time of his retirement.  A DD Form 214 will not be prepared for Soldiers removed from the TDRL.  Therefore, there is no basis for granting this portion of his request.

5.  He was removed from the TDRL on 20 April 2009 because of permanent physical disability and permanently retired.  These orders are his ultimate separation from the Army.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ____X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 adding the entry "Total Army Retention Course, 1 Week, 2000" to item 14 of his DD Form 214.

2.  The Board further determined 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 adding the 20-hour Operation and Operator Maintenance Course for the M1083 Medium Tactical Vehicle to item 14 of his DD Form 214 or amending items 19a or 28 of his DD Form 214.



      ______________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)                                         AR20140007838



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ABCMR Record of Proceedings (cont)                                         AR20140007838



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