BOARD DATE: 9 February 2017 DOCKET NUMBER: AR20150015201 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x_____ __x______ __x___ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 9 February 2017 DOCKET NUMBER: AR20150015201 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. BOARD DATE: 9 February 2017 DOCKET NUMBER: AR20150015201 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 the following: * correction of the statement, "Completed over 4 years of active service as [Enlisted] Enl or [Warrant Officer] WO: [Not Applicable] N/A" on Orders Number D223-03, dated 11 August 2005 * issuance of a DD Form 214 (Certificate of Release or Discharge from Active Duty) at the time of her removal from the Temporary Disability Retired List (TDRL) * a personal appearance before the Board 2. The applicant states she believes the record to be in error because Orders Number 263-0001, dated 19 September 2000, contains the statements "Disability retirement: 14 years, 3 months, 9 days" and "Completed over 4 years of active service as Enl or WO: Yes." Orders Number D223-03 do not correctly show this same statement. She questions how the time she served is not applicable when she served the majority of her time (14 years) on active duty before her placement on the TDRL. The National Personnel Records Center (NPRC) recently sent her everything but an updated DD Form 214. She needs these errors corrected. 3. The applicant provides: * Orders Number 263-0001 and D223-03 * DD Form 214 for the period ending on 10 October 2000 * Walter Reed Army Medical Center (WRAMC) letter * U.S. Army Physical Disability Agency (USAPDA) memorandum * Retirement Certificate * NPRC letter * email correspondence 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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations. 2. The applicant enlisted in the Regular Army (RA) on 6 September 1986. She held military occupational specialty (MOS) 92A (Automated Logistical Specialist). She served continuously on active duty through several reenlistments in various assignments. 3. On 29 August 2000, a medical evaluation board (MEB) convened and considered the applicant's medical conditions and referred her to a physical evaluation board (PEB). 4. On 30 August 2000, an informal PEB convened and considered the applicant's chronic nephritis. The PEB found the applicant's condition prevented satisfactory duty performance in her grade and MOS. The informal PEB: * recommended a 60 percent (%) disability rating * determined her condition was not sufficiently stable for final adjudication * directed her placement on the TDRL * determined her disability rating and status could change while on the TDRL and informed her of a future reexamination * following counseling, she elected to concur with the PEB's findings and recommendation waiving her right to a formal hearing 5. Orders Number 263-0001, issued by WRAMC on 19 September 2000, placed her on the TDRL. The orders contain the statements "Disability retirement: 14 years, 3 months, 9 days" and "Completed over 4 years of active service as Enl or WO: Yes." 6. The applicant was retired from the Regular Army on 30 October 2000 and placed on the TDRL in the rank/grade of staff sergeant/E-6 on 1 November 2000. Her DD Form 214 shows: * completed 14 years, 1 month, and 25 days of active service * authority – Army Regulation (AR) 635-40 (Physical Evaluation for Retention, Retirement, or Separation), paragraph 4-24b(2) * narrative reason for separation – "Disability-Temporary" 7. On1 August 2005, following a medical examination, a TDRL PEB convened and found the applicant remained unfit to reasonably perform the duties required by her previous grade and military specialty. Her condition was considered sufficiently stable for final adjudication. The PEB recommended a 30% combined disability rating and permanent disability retirement. She concurred and waived a formal hearing. 8. On 11 August 2005, the USAPDA published Orders D223-03 removing the applicant from the TDRL effective the same date and permanently retiring her by reason of permanent disability with a combined rating of 30%. The orders contain the statement "Completed over 4 years of active service as Enl [sic] or WO: N/A." Additionally, the USAPDA issued the applicant: * documents pertaining to her removal from the TDRL * a Retirement Certificate, dated 12 August 2005 9. She also provided the following: a. Email correspondence, dated 4 March 2015, wherein a staff member of the Georgia Airports District Office advised the applicant that based on information she provided on their Clearance Application Form and Standard Form (SF) 813 (Verification of a Military Retiree's Service In Non-wartime Campaigns or Expeditions) she received the maximum military credited time towards her service computation date. She was not eligible for her entire military time because her disability was not caused in the direct line of duty resulting from a war or conflict. b. A letter, dated 19 March 2015, wherein the NPRC advised her that no DD Form 214 was issued; however, they were enclosing a copy of her TDRL Retirement Packet. 10. On 12 July 2016, an advisory opinion was provided by the USAPDA legal advisor who recommended no changes to the applicant's permanent medical retirement orders. These orders were correctly issued. The acronym "N/A" does not mean "no." No DD Form 214 was issued when she was removed from the TDRL and permanently retired. 11. The advisory opinion was provided to the applicant on 20 July 2016 for acknowledgement/rebuttal. In her rebuttal, dated 16 August 2016, the applicant stated she agreed with the recommendation. She understands that "N/A" on her military orders from the TDRL to permanent retirement does not mean "No." She still requests an updated DD Form 214 removing her from the TDRL and showing she was permanently retired. REFERENCES: 1. AR 635-40 establishes the Army Physical Disability Evaluation System and sets forth policies, responsibilities, and procedures that apply in determining whether a Soldier is unfit because of physical disability to reasonably perform the duties of his or her office, grade, rank, or rating. 2. AR 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It establishes standardized policy for preparing and distributing 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. A DD Form 214 will not be prepared for Soldiers removed from the TDRL. 3. AR 15-185 (ABCMR) states the ABCMR will decide cases on the evidence of record. It is not an investigative body. The ABCMR may, in its discretion, hold a hearing. Applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. DISCUSSION: 1. The applicant acknowledged Orders Number 223-03 were correct. Therefore, this issue will not be further discussed. 2. With respect to the issuance of an updated DD Form 214: a. When the informal PEB convened in August 2000, it found the applicant's conditions unfitting but determined her conditions were not sufficiently stable for final adjudication. Thus her disposition was placement on the TDRL. She was advised that her disability rating and status could change while on the TDRL and informed her of a future reexamination. The 2000 PEB determined her condition was temporary. b. As she was separated from the Regular Army due to disability, she was issued a DD Form 214 that captured her continuous active service from her date of entry. When she was temporarily retired she was no longer on active duty. c. While in a retired status, she underwent a reexamination. A TDRL PEB convened and determined her conditions were sufficiently stable for final adjudication. The PEB recommended 30% combined disability rating and permanent disability retirement. Orders were issued removing her from the TDRL due to permanent physical disability with an effective date of 11 August 2005. d. A 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. By regulation, a DD Form 214 is not prepared for Soldiers who are removed from the TDRL, regardless of whether they are discharged or retired for permanent disability. 3. With respect to a personal appearance before the Board, by regulation, an applicant is not entitled to a hearing before the Board. Hearings may be authorized by a panel of the Board or by the Director of the ABCMR. In this case, the evidence of record and independent evidence provided by the applicant is sufficient to render a fair and equitable decision at this time. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150015201 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150015201 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2