IN THE CASE OF:  

		BOARD DATE:  6 August 2020

		DOCKET NUMBER:  AR20200000570


APPLICANT REQUESTS: in effect, correction of her DD Form 214 (Certificate of 
Release or Discharge from Active Duty) to show in item 28 (Narrative Reason for 
Separation) the entry "Disability, Permanent" instead of "Disability, Temporary."

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)

FACTS:

1.  The applicant did not file within the three-year period provided in Title 10, United 
States Code, section 1552(b); however, the Army Board for Correction of Military 
Records (ABCMR) conducted a substantive review of this case and determined it is in 
the interest of justice to excuse the applicant's failure to timely file.

2.  The applicant states her status has been changed from temporary disability retired 
list (TDRL) to permanent disability retired list (PDRL) and would like this change 
reflected.  

3.  The applicant enlisted in the Regular Army on 20 February 1986.

4.  The applicant's record does not contain a DA Form 199 (Physical Evaluation Board 
(PEB) Proceedings) which recommended her placement on the TDRL.  However, it 
does contain Orders D184-4, issued by the U.S. Army Physical Disability Agency 
(USAPDA) on 23 September 1999 placing her on the TDRL because of physical 
disability with a disability rating of 40 percent effective 3 November 1999 with placement 
on the retirement list the next day.  

5.  The applicant was honorably retired under the provisions of Army Regulation 635-40 
(Physical Evaluation for Retention, Retirement, or Separation), chapter 4, by reason of 
disability, temporary on 3 November 1999.  The DD Form 214 she was issued shows 
she completed 13 years, 8 months, and 14 days of net active service and shows in:

*	item 26 (Separation Code), "SFK"
*	item 27 (Reentry Code), "4"
*	item 28 (Narrative Reason for Separation), "Disability, Temporary"

6.  A TDRL evaluation PEB convened at Fort Sam Houston, Texas on 10 April 2002 
found her condition had improved but, was still remained unit for military duties.  The 
PEB rated her condition as stable at 20 percent and recommended that she be 
separated with severance pay.  The applicant was counseled and concurred with the 
PEB's findings and recommendation and waived her right to a formal hearing of her 
case on 17 April 2002.  The USAPDA authenticated and approved the findings and 
recommendations on behalf of the Secretary of the Army on 22 April 2002.  

7.  Letter Orders D120-3, issued by Chief, Operations Division, USAPDA on 20 June 
2002 removed her from the TDRL effective 20 June 2002 and discharged her from the 
service because of physical disability with a disability rating of 20 percent and 
entitlement to severance pay. 

8.  Army Regulation 635-5 (Separation Documents), in effect at the time, established 
standardized policy for preparing and distribution of the DD Form 214.  Chapter 2 states 
that a DD Form 214 will not be prepared for Soldiers being removed from the TDRL. 


BOARD DISCUSSION:

The Board found that the narrative reason for separation on the applicant's DD Form 
214 accurately describes the circumstances of her release from active duty.  The Board 
agreed that the fact that she was later discharged for disability with severance pay is not 
a basis for changing the DD Form 214.  The Board determined the narrative reason for 
separation recorded on her DD Form 214 is not in error or unjust. 


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	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.

		  
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.


REFERENCES:

1.  Title 10, United States 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.

2.  Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or 
Separation), 1 September 1990 states that the Temporary Disability Retired List (TDRL) 
is used in the nature of a "pending list."  It provides a safeguard for the Government 
against permanently retiring a Soldier who can later fully recover, or nearly recover, 
from the disability causing him or her to be unfit.  Conversely, the TDRL safeguards the 
Soldier from being permanently retired with a condition that may reasonably be 
expected to develop into a more serious permanent disability.

3.  Army Regulation 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.  The DD Form 214 is a 
summary of the Soldier抯 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 REFRAD, retirement, or discharge.  It establishes standardized policy for 
preparing and distributing the DD Form 214.  It states:

     a.  a DD Form 214 will not be prepared for personnel removed from the TDRL; 
     b.  in item 26 (Separation Code) enter the proper separation program designator 
(SPD), representing the reason for separation in Army Regulation 635𤂿 (Separation 
Program Designator (SPD) Codes); and 

     c.  in item 28 (Narrative Reason for Separation) enter the reason for separation 
based on regulatory or other authority.  

4.  Army Regulation 635-5-1 states that separation codes are three-character alphabetic 
combinations, which identify reasons for and types of separation from active duty.  The 
separation code "SFK" is the correct code for Soldiers separating under Army 
Regulation 635-40, chapter 4, for disability, temporary (TDRL).  

5.  The SPD/RE Code Cross Reference Table provides instructions for determining the 
RE code for Active Army Soldiers and Reserve Component Soldiers.  This cross 
reference table shows the separation code and a corresponding RE code.  The table in 
effect at the time of her retirement shows the separation code of "SFK" has a 
corresponding RE code of "4."

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20200000570


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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