IN THE CASE OF: BOARD DATE: 25 November 2020 DOCKET NUMBER: AR20200003048 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to change item 28 (Narrative Reason for Separation) from Disability, Temporary to Disability, Permanent. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552) * DD Form 214 * Memorandum, U.S. Army Physical Disability Agency (USAPDA), dated 20 June 2019, subject: Removal from Temporary Disability Retired List (TDRL) Notification * Order D171-13, USAPDA, dated 20 June 2019 REFERENCES: 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. 2. Army Regulation 635-8 (Separation Processing and Documents), effective 10 February 2014, prescribed the transition processing function of the military personnel system. It provided principles of support, standards of service, policies, tasks, rules, and steps governing required actions in the field to support processing personnel for separation and preparation of separation documents. Paragraph 5-2 (When Not to Prepare a DD Form 214) stated a DD Form 214 will not be prepared for personnel being removed from the TDRL. FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code, section 1552(b); however, the 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 he requests a correction of item 28 (Narrative Reason for Separation) of his DD Form 214 to change if from temporary to permanent and he has attached his Order D171-13, USAPDA, dated 20 June 2019. 3. The Headquarters, U.S. Army Garrison, Fort Carson, CO Orders 242-0061, dated 29 August 2016, released him from his assignment and duty because of physical disability that permits placement on the TDRL. 4. He retired from the Regular Army on 23 November 2016. His DD Form 214 shows in: * item 12c (Net Active Service This Period) – 10 years, 3 months, and 29 days * item 12d (Total Prior Active Service) – 7 years, 5 months, and 2 days * item 28 (Narrative Reason For Separation) – Disability, Temporary (Enhanced) 5. The USAPDA memorandum, dated 20 June 2019, subject: Removal from TDRL Notification, notified the applicant of his removal from the TDRL and of his permanent retirement. 6. The USAPDA Order D171-13, dated 20 June 2019, removed him from the TDRL and permanently retired him effective 21 June 2019. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined relief was not warranted. Based upon the available documentation showing that at the time of separation the applicant was placed on the TDRL and later transferred to permanent disability retirement and the DD Form 214 is used to annotate correct information at the time of separation, the Board concluded there was insufficient evidence of an error or injustice which would warrant a change to the applicant’s military record. The Board wished to inform the applicant that if he wishes to reflect permanent disability to another, he should use both his DD Form 214 and USAPDA Order D171-13, dated 20 June 2019 to demonstrate his permanent disability status. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :XXX :XX :XX 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200003048 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1