IN THE CASE OF:	  

		BOARD DATE:	  22 May 2012

		DOCKET NUMBER:  AR20110021357 


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) for the period ending 18 July 2002 to show separation for physical disability with severance pay.

2.  The applicant states her separation for physical disability was approved by a physical evaluation board (PEB).

3.  The applicant provides copies of her DD Form 214 for the period ending 18 July 2002, a DA Form 199 (PEB Proceedings), a memorandum from the U.S. Army Physical Disability Agency, her leave and earnings statement for the period ending 18 August 2004, her DD Form 214 for the period ending 19 November 1993, and the 9 August 2004 orders discharging her from the U.S. Army Reserve (USAR).

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 applicant, a USAR Soldier, was serving on active duty in support of Operation Enduring Freedom from 3 January 2002 to 18 July 2002.  She was released from active duty due to the completion of her required active duty service.

3.  Almost a year and a half later, on 26 November 2003, the PEB found her disabled with a rating of 10 percent for bilateral knee pain.  She was authorized severance pay if otherwise qualified.  On 7 January 2004, the applicant concurred and waived a formal hearing.

4.  On 10 June 2004, the U.S. Army Physical Disability Agency forwarded Department of the Army Order D162-9A to the applicant's USAR company commander which authorized her separation for physical disability with severance pay.  The 81st Regional Readiness Command discharged the applicant from the USAR effective 9 August 2004.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's August 2004 discharge from the USAR due to physical disability with severance pay occurred more than 2 years after the release from active duty reflected on the July 2002 DD Form 214.

2.  There is no available evidence to show the DD Form 214 should be changed or that there is even a connection between the two procedures.

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)                                         AR20110021357



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ABCMR Record of Proceedings (cont)                                         AR20110021357



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