BOARD DATE: 28 September 2017 DOCKET NUMBER: AR20160002707 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: 28 September 2017 DOCKET NUMBER: AR20160002707 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: 28 September 2017 DOCKET NUMBER: AR20160002707 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) to reflect disability retirement. 2. The applicant states: a. His DD Form 214 shows in item 23 (Type of Separation) that he has a (regular) retirement instead of showing a medical retirement. Because this block shows he has a (regular) retirement instead of a medical retirement, he cannot buy back his military time to use toward his civilian retirement. b. He was originally placed on the Temporary Disability Retired List (TDRL), but after his removal from the TDRL and a final service-connected disability retirement was established, item 23 should have been changed to medical retirement. c. Officials in his employer's Human Resources Department have advised him that he cannot use the military time earned on his DD Form 214 because item 23 reflects (regular) retirement and not medical retirement. He is uncertain whether this is in error or correct. 3. The applicant provides his DD Form 214. 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 enlisted in the Regular Army on 20 March 1980. 3. A DA Form 3349 (Physical Profile Board Proceedings), dated 3 February 1982, shows he was assigned a permanent physical profile rating of "3" for ulcerative colitis (inflammatory bowel disease). His assignment limitations were to run physical training at his own pace, no consumption of C-rations, be near a latrine at all times, and wear sunglasses outside. 4. On 28 April 1982, a Military Occupational Specialty Reclassification Board convened and recommended his referral to a medical evaluation board (MEB), as it was determined his medical condition prevented his military occupational specialty reclassification. 5. A DA Form 3947 (Medical Board Proceedings), dated 26 October 1982, shows he was found medically unfit for further military service based on his diagnosis of chronic and severe ulcerative colitis and glucose-6-phosphate dehydrogenase (G6PD) deficiency (a genetic abnormality resulting in an inadequate amount of G6PD in the blood). The MEB recommended his referral to a physical evaluation board (PEB). 6. A DA Form 199 (PEB Proceedings), dated 4 November 1982, shows: a. He was found physically unfit because of ulcerative colitis. Treatment of this condition was complicated by the fact that the usual sulfonamide could not be used because of a genetic abnormality of G6PD. The G6PD deficiency was not service aggravated or ratable. b. He applied for continuance on active duty, which was denied. c. The board found him physically unfit and recommended his placement on the TDRL with a combined rating of 30 percent and a reexamination in May 1984. 7. U.S. Army Military Personnel Center Orders D35-8, dated 18 February 1983, relieved him from assignment and duty because of physical disability incurred while entitled to basic pay and under conditions which permitted his placement on the TDRL. His effective date of retirement was 3 March 1983 and the date he was placed on the TDRL was 4 March 1983. His percentage of disability was 30 percent. 8. His DD Form 214 shows his date of separation as 3 March 1983. Item 23 (Type of Separation) lists "Retirement." Item 28 (Narrative Reason for Separation) lists "Physical Disability – Temporary." His service was characterized as honorable. 9. A DA Form 199, dated 22 August 1984, shows he was reevaluated on 23 July 1984 for moderately severe ulcerative colitis, for which he was placed on the TDRL on 4 March 1983. The PEB found he remained unfit with the indicated impairment and recommended his placement on the Permanent Disability Retired List (PDRL) with a combined rating of 30 percent. 10. U.S. Army Military Personnel Center Orders D164-13, dated 7 September 1984 removed him from the TDRL and permanently retired him. The effective date he was placed on the TDRL was 4 March 1983 and the effective date he was removed from the TDRL and placed on the PDRL was 21 September 1984. His percentage of disability was 30 percent. 11. The Army Review Boards Agency Senior Medical Advisor provided an advisory opinion on 27 March 2017 where he states: a. He reviewed this case for alleged medical conditions that warranted separation through medical channels or medical conditions not considered during medical separation. b. He found the record supports the applicant did not meet medical retention standards in accordance with Army Regulation 40-501 (Standards of Medical Fitness), chapter 3, and Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), in effect at the time, for chronic and moderately severe ulcerative colitis and G6PD deficiency, which existed prior to service. He met medical retention standards for a history of hemolytic anemia (associated with G6PD and medication use) and myopia in accordance with Army Regulation 40-501 and following the provisions of Army Regulation 635-40. c. The applicant's medical conditions were all duly considered during his medical separation processing. A review of the available documentation found no evidence of another or additional medical disability or condition that would support a change to the character or reason for the discharge in this case. The applicant was appropriately medically retired after undergoing an MEB and PEB with placement on the TDRL and final placement on the PDRL. 12. The applicant was provided a copy of the advisory opinion on 28 March 2017 and given an opportunity to submit comments and/or a rebuttal. He did not respond. REFERENCES: Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for preparing and distributing the DD Form 214. a. Paragraph 1-4 stated a DD Form 214 will be prepared for all personnel at the time of their retirement, discharge, or release from the Active Army. Personnel included are members separated for physical disability under the provisions of Army Regulation 635-40, regardless of the period of time served on active duty. The DD Form 214 will not be prepared for members being removed from the TDRL. b. Paragraph 2-5 stated do not reissue the DD Form 214, once issued, except when: (1) directed by proper appellate authority, Executive Order, or by the Secretary of the Army; (2) it is determined that the corrections to be made will not fit within the correction block of a single DD Form 215 (Correction to DD Form 214); (3) two DD Forms 215 have been issued and an additional correction is required; or (4) the character of service, item 24, is to be changed. c. Table 2-1 (DD Form 214 Preparation Instructions) stated to enter one of the following terms in item 23 (Type of Separation) for enlisted personnel: (1) relief from active duty, (2) discharge, (3) retirement, (4) separation and order to additional active duty, (5) relief from active duty for training, (6) release from custody and control of the Army, or (7) relief from active duty for training and discharge from the Reserve of the Army. DISCUSSION: 1. Records indicate the applicant was placed on the TDRL on 4 March 1983 and issued a DD Form 214 at that time. His DD Form 214 properly shows his type of separation as "Retirement" and the narrative reason for separation as "Physical Disability – Temporary." 2. Upon medical reexamination, the PEB recommended his placement on the PDRL effective 21 September 1984. Orders appropriately removed him from the TDRL and placed him on the PDRL. 3. Regulatory guidance provides that a DD Form 214 will not be reissued in instances where an individual in receipt of a DD Form 214 upon placement on the TDRL is later removed from the TDRL and placed on the PDRL. 4. The Army Review Boards Agency Senior Medical Advisor found the applicant was appropriately removed from the TDRL and placed on the PDRL. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160002707 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160002707 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2