IN THE CASE OF:  

		BOARD DATE:  10 March 2015

		DOCKET NUMBER:  AR20140013290


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, in effect, service credit for time spent on the Temporary Disability Retired List (TDRL).  

2.  The applicant states she received a letter stating she was released from the TDRL around 2003, but she never received an amended copy of her DD Form 214.  She was removed from the list and honorably discharged.  She is fine with the decision; she just needs a copy of an amended DD Form 214 or a letter indicating her status.

3.  The applicant provides a copy of her DD Form 214 (Certificate of Release or Discharge from Active Duty)

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 15 February 1995.  She completed her initial entry training and was awarded military occupational specialty 75B (Personnel Administration Specialist).  The highest rank/grade she attained during her period of active military service was specialist (SPC)/E-4.

3.  Orders 097-0002, issued by Headquarters, U.S. Army Garrison, Fort Belvoir, Virginia on 6 April 2000, ordered her release from active duty by reason of temporary physical disability, effective 6 June 2000, with placement on the TDRL the next day.

4.  On 6 June 2000, the applicant was honorably retired under the provisions of Army Regulation (AR) 635-40 (Physical Evaluation for Retention, Retirement, or Separation), paragraph 4-24b(2), and placed on the TDRL.  Her DD Form 214 shows she completed 5 years, 3 months, and 22 days of active service.  

* item 23 (Type of Separation) shows the entry "RETIREMENT"
* item 25 (Separation Authority) shows the entry "AR 635-40, PARA           4-24B(2)"
* item 28 (Narrative Reason for Separation) shows the entry "DISABILITY, TEMPORARY"

5.  Orders D99-3, issued by the U.S. Army Physical Disability Agency, Washington, DC on 21 May 2004, ordered her removal from the TDRL and honorable discharge with entitlement to severance pay, effective 21 May 2004.

6.  Army Regulation 635-40 sets forth policies, responsibilities, and procedures that apply in determining whether a Soldier is unfit because of physical disability to reasonably perform the duties of his or her office, grade, rank, or rating.  If a Soldier is found unfit because of physical disability, this regulation provides for disposition of the Soldier according to applicable laws and regulations.

7.  Army Regulation 635-40, paragraph 7-2, provides that an individual may be placed on the TDRL (for the maximum period of 5 years allowed by Title 10, U.S. Code, section 1210) when it is determined that the individual's physical disability is not stable and he or she may recover and be fit for duty or the individual's disability is not stable and the degree of severity may change within the next 5 years so as to change the disability rating.

8.  Army Regulation 635-5 (Separation Documents) at the time 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.  Chapter 2 contains guidance for preparation of the DD Form 214.  
* extreme care is used when completing item 12 (Record of Service) since post-service benefits, final pay, retirement credit, and so forth are based on this information
* item 12a (Date Entered Active Duty This Period) shows the beginning date of the continuous period of active duty for issuance of the DD Form 214 for which a DD Form 214 was not previously issued
* item 12b (Separation Date This Period) shows the Soldier's transition date
* paragraph 2-1(b)3 provides that a DD Form 214 will not be prepared for Soldiers removed from the TDRL

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for service credit for time spent on the TDRL was carefully considered.

2.  The evidence of record shows she enlisted on 15 February 1995 and she was retired on 6 June 2000 by reason of temporary physical disability.  There is no evidence that shows she performed any period of active duty service following her placement on the TDRL that would have warranted the issuance of a DD Form 214 subsequent to her retirement on 6 June 2000.

3.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty of more than 90 days and is prepared for all personnel at the time of their retirement, discharge, or release from active duty.

4.  The applicant's removal from the TDRL and subsequent discharge with entitlement to severance pay has no impact on the DD Form 214 she was previously issued.  Furthermore, there is no provision or regulatory requirement to issue a new DD Form 214 when a Soldier is removed from the TDRL.

5.  In view of the foregoing evidence, she is not entitled to the requested relief.

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)                                         AR20120011459



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ABCMR Record of Proceedings (cont)                                         AR20140013290



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