IN THE CASE OF: BOARD DATE: 14 August 2008 DOCKET NUMBER: AR20080008787 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 that his official record be corrected to show he entered service in October 1968. He also requests that his record be corrected to show he retired on 12 April 1972. 2. The applicant states, in effect, that his record shows he entered service in January 1969 vice October 1968. He contends that he was stationed at Fort Leonard Wood, Missouri when he was drafted. He also contends that he was placed on the Temporary Duty Retired List (TDRL) on 26 January 1969 and removed from the TDRL on 12 April 1972. He wants to know whether his time on the TDRL counts as Reserve service and to be issued a new DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) reflecting his total service time. 3. The applicant did not provide additional documentary evidence in support of this application. 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 evidence of record shows the applicant was inducted and entered active duty on 30 October 1968. His induction was processed through the Armed Forces Examining and Entrance Station in Shreveport, Louisiana in April 1968. There is no evidence the applicant was drafted while at Fort Leonard Wood, although he was in-processed through the reception center and attended basic combat training at Fort Leonard Wood. The applicant's DD Form 214 properly shows he was inducted on 30 October 1968. 3. On 26 January 1970, the applicant was placed on the TDRL due to a psychotic depressive reaction. He was properly issued a DD Form 214 covering his period of active service. 4. On 30 April 1972, the applicant was removed from the TDRL and discharged by reason of physical disability with severance pay. He was properly issued letter orders removing him from the TDRL. 5. Army Regulation 635-5 (Separation Documents) prescribes policies and procedures regarding separation documents (DD Form 214/5). A DD Form 214 is prepared for individuals at the termination of active duty by reason of administrative separation, to include separation by reason of retirement or expiration terms of service. Paragraph 2-1b, in pertinent part, stipulates that a DD Form 214 will not be prepared for individuals removed from the TDRL. DISCUSSION AND CONCLUSIONS: 1. The applicant was inducted on 30 October 1968. His official record properly shows his date of induction as 30 October 1968. Therefore, no action is required on the applicant's request because his record is correct. 2. Individuals who are placed on the TDRL are not performing active military service; they are, in fact, retired. The applicant was placed on the TDRL on 26 January 1970 and he did not perform any further active duty service from that date. 3. The DD Form 214 encapsulates a period of active duty. Army Regulation 635-5 stipulates that a DD Form 214 will be prepared for individuals who are separated by reason of retirement. This regulation also stipulates that a DD Form 214 will not be prepared for individuals removed from the TDRL. 4. Since the applicant did not perform active duty after he was placed on the TDRL, his DD Form 214 correctly shows his retirement date. 5. When the applicant was removed from the TDRL and discharged due to his physical disability, he was issued a discharge order from the Army showing that he was removed from the TDRL and discharged because of a physical disability with severance pay. A copy of his discharge order is enclosed for the applicant's use. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING __xxx___ __xxx___ __xxx___ 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. XXX _______ _ _______ ___ 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) AR20080008787 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080008787 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1