BOARD DATE: 21 September 2017 DOCKET NUMBER: AR20160002985 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x____ ___x_____ ___x_____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 21 September 2017 DOCKET NUMBER: AR20160002985 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. BOARD DATE: 21 September 2017 DOCKET NUMBER: AR20160002985 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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the date she was placed on the permanent disability retired list (PDRL) instead of the date she was placed on the temporary disability retired list (TDRL). 2. The applicant states her DD Form 214 shows she was placed on the TDRL on 14 August 2008. She was permanently retired on 3 August 2013. 3. The applicant provides: * Enlisted Record Brief * DD Form 2656 (Date for Payment of Retired Personnel) * DA Form 2339 (Application for Voluntary Retirement) * DD Form 214 and 2008 TDRL orders * Removal from TDRL and 2013 permanent retirement orders CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the Regular Army on 13 February 2008. She was assigned to Fort Jackson, SC for training. While in basic combat training, she required intubation for acute respiratory distress syndrome. She entered the disability system. 2. On 4 August 2008, an informal physical evaluation board (PEB) convened and found the applicant's condition of diffuse interstitial fibrosis prevented her from performing the duties required of her grade and military specialty and determined she was physically unfit. 3. The informal PEB rated her condition and recommended a 100 percent disability rating. It also determined that her condition was not sufficiently stable for final adjudication and her disposition was placement on the TDRL. It further determined her disability rating and status could change while on the TDRL and informed her of a future reexamination. 4. Following counseling, the applicant elected to concur with the PEB's findings and recommendation and waived her right to a formal hearing. 5. The applicant was honorably retired from the Army on 14 August 2008 and placed on the TDRL in the rank/grade of private/E-2 on 15 August 2008. Her DD Form 214 shows: * she retired on 14 August 2008 * she completed 6 months and 2 days of active service * the authority for her retirement is Army Regulation (AR) 635-40 (Physical Evaluation for Retention, Retirement, or Separation), paragraph 4-24b(2) * her narrative reason for separation is "Disability, Temporary" 6. On 4 June 2010, following a medical examination, a TDRL PEB convened and found the applicant remained unfit to reasonably perform the duties required by her previous grade and military specialty. However, her condition was not considered sufficiently stable for final adjudication. She was retained on the TDRL. 7. On 24 June 2013, following a medical examination, another TDRL PEB convened and found the applicant remained unfit to reasonably perform the duties required by her previous grade and military specialty. Her condition was considered sufficiently stable for final adjudication. The PEB recommended a 60 percent combined disability rating and permanent disability retirement. 8. On 2 August 2013, the U.S. Army Physical Disability Agency approved the findings and recommendations of the TDRL PEB on behalf of the Secretary of the Army. 9. Also on 2 August 2013, the U.S. Army Physical Disability Agency published Orders D214-11 removing the applicant from the TDRL effective 2 August 2013 and permanently retiring her by reason of permanent disability at a combined rating of 60 percent. REFERENCES: 1. AR 635-40 establishes the Army Physical Disability Evaluation System and 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. 2. AR 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. 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. A DD Form 214 will not be prepared for Soldiers removed from the TDRL. 3. Army Regulation 635-8 (Separation Processing and Documents), currently in effect, prescribes policy and procedural guidance relating to transition management and explains separation document preparation. It states the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. The DD Form 214 is not intended to have any legal effect on termination of a Soldier’s service. Paragraph 5-2 explains when not to prepare a DD Form 214. It states a DD Form 214 will not be prepared for personnel being removed from the TDRL. DISCUSSION 1. The informal PEB convened in August 2008 and found the applicant's condition was unfitting, but not sufficiently stable for final adjudication; therefore, her disposition was placement on the TDRL. She was informed that her disability rating and status could change while on the TDRL and of future reexamination requirements. This is why she was temporarily – not permanently – retired at that time. She was placed on the TDRL on 14 August 2008; she was no longer on active duty. She was in a retired status. 2. While in a retired status, she underwent a reexamination that led to a TDRL PEB on 24 June 2013. The TDRL PEB convened and found the applicant remained unfit and her condition was considered sufficiently stable for final adjudication. The PEB recommended a 60 percent combined disability rating and permanent disability retirement. 3. A 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 service at the time of release from active duty, retirement, or discharge. By regulation, a DD Form 214 is not prepared for Soldiers who are removed from the TDRL, regardless of whether they are discharged or retired for permanent disability. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160002985 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160002985 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2