IN THE CASE OF:	  

		BOARD DATE:	  10 April 2012

		DOCKET NUMBER:  AR20110020266 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his date of retirement as 5 June 2003.

2.  The applicant states he was placed on the Temporary Disability Retired List (TDRL) on 4 June 1998 and was required to have annual examinations by the medical board.  On 5 June 2003, he was completely retired and now wants his DD Form 214 corrected to show he retired in 2003.

3.  The applicant provides copies of his DD Form 214 and a Certificate of Retirement indicating his retirement from the U.S. Army on 5 June 2003.

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.  On 20 May 1994, the applicant enlisted in the Regular Army.  He completed his initial training and was awarded military occupational specialty 19K (Armor Crewman).

3.  Orders 146-0162, Headquarters, U.S. Army Armor Center and Fort Knox, Fort Knox, Kentucky, dated 26 May 1998, released the applicant from assignment and duty due to physical disability.  He was retired effective 4 June 1998 and placed on the TDRL in the rank of specialist/pay grade E-4.

4.  The applicant's DD Form 214 shows:

	a.  he retired due to physical disability on 4 June 1998 and

	b.  he completed 4 years and 15 days of creditable active duty service.

5.  The Certificate of Retirement provided by the applicant indicates he retired from the U.S. Army on 5 June 2003.

6.  Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his date of retirement as 5 June 2003.

2.  The evidence of record clearly shows the applicant was placed on the TDRL on 4 June 1998.  While his military records do not contain orders or other documentation showing he was subsequently placed on the Retired List, the certificate of retirement he provides does seem to indicate such did happen.

3.  The Certificate of Retirement states the applicant retired from the U.S. Army on 5 June 2003.  It does not show he served on active duty at any time after his initial placement on the TDRL.

4.  The purpose of the DD Form 214 is to provide a record of active duty service. Because the applicant did not perform any active duty service after his placement on the TDRL, there is no basis for changing his DD Form 214 to show a later date of retirement.

5.  In view of the above, the applicant's request should be denied.

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 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)                                         AR20110020266



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ABCMR Record of Proceedings (cont)                                         AR20110020266



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