IN THE CASE OF: BOARD DATE: 5 January 2016 DOCKET NUMBER: AR20150005204 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 he was permanently retired on 1 March 2007. 2. The applicant states the corrected copy of U.S. Army Physical Evaluation Agency (USAPDA) Orders D061-04 show this personnel transaction. 3. The applicant provides copies of – * Physical Evaluation Board (PEB), Fort Sam Houston, Texas, Memorandum for (the applicant), dated 8 November 2006 * USAPDA Memorandum for (the applicant), dated 1 March 2007 * USAPDA Corrected Copy Orders D061-04, dated 1 March 2007 * Revised PEB Proceedings, dated 19 November 2010 * Fort Benning, Georgia Orders 005-2220 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 then an Army National Guard staff sergeant (SSG) was transferred to the temporary disability retired list (TDRL) on 9 March 2004. 3. The documents submitted by the applicant in support of his request include: a. The "Corrected Copy" USAPDA Orders D061-04 that removed him from the TDRL on 1 March 2007 and permanently retired him due to disability, rated at 30 percent; b. The Revised PEB Proceedings, dated 19 November 2010, which changed his disability rating by adding post traumatic stress disorder; and c. Fort Benning, Georgia Orders 005-2220 which corrected his retirement orders to show a disability of 60 percent vice 30 percent. 4. Army Regulation 635-8 (Separation Processing and Documents) prescribes policy and procedural guidance relating to transition management. It 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 service. It provides a brief, clear-cut record of active service at the time of release from active duty, retirement, or discharge. A DD Form 214 will not be prepared for Soldiers being removed from the TDRL. DISCUSSION AND CONCLUSIONS: 1. The applicant was removed from active duty only one time, on 9 March 2004 when he was placed on the TDRL. 2. Subsequently, on 1 March 2007, he was removed from the TDRL and permanently retired and his disability rating was corrected in November 2010. 3. However, those subsequent transactions had nothing to do with his status on or removal from active duty and there is no need or authority to correct his DD Form 214 to incorporate this information. 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 that 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) AR20150005204 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005204 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1