ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 13 December 2019 DOCKET NUMBER: AR20170007311 APPLICANT REQUESTS: correction of item 23 (Type of Separation) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to read discharged instead of retirement. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states, item 23 of his DD Form 214 reads retirement. He was not retired from active duty. He was placed on the temporary disabled retired list (TDRL) for a temporary physical condition. Five years later, he was removed from the TDRL and was given an Honorable discharge. He needs to have this item 23 change to whatever corresponds other than retirement. He works for the Postal Service and they are requesting to have this corrected in order for them to adjudicate his military buy back years that he already paid. He is about to retire and this situation is affecting his retired pay. 3. The applicant provides his DD Form 214, dated 29 June 1988, which shows he was honorably retired under the provision of Army Regulation 635-40 (Personnel Separations - Disability Evaluation for Retention, Retirement, or Separation), for physical disability-temporary. 4. A review of the applicant’s service record shows: a. He enlisted on 26 May 1981 in the United States Army Reserve (USAR). b. He was ordered to active duty on 3 June 1982, and was honorably relieved from active duty training on 6 August 1982 under the provision of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), for completion of active duty training. c. He was ordered to active duty on 15 March 1984, and was honorably retired on 29 June 1988 under the provision of AR 635-40, for physical disability-temporary. d. A letter issued by the U.S. Total Army Personnel Agency (Provisional), dated 9 June 1988 shows he was placed on the TDRL, with an effective dated of 30 June 1988. e. His DD Form 214 for the period ending 29 June 1988 shows he was placed in retirement due to a physical disability-temporary. He received an honorable characterization of service. e. Orders D112-23, dated 6 June 1990 shows he was removed from the TDRL and discharged from service with a 20% disability rating and entitled to severance pay. 5. Army Regulation 635-40, Soldiers will be placed on the TDRL when they would be qualified for permanent disability retirement and the preponderance of evidence indicates one or more conditions will change within the next five years so as to result in a change in rating or a finding of fit. Soldiers who do not request to return to duty will be removed from the TDRL as soon as possible. The date of removal is the effective date TDRL pay is terminated. 6. The DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. The information entered thereon reflects the conditions as they existed at the time of separation. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found the relief was not warranted. The applicant contentions were carefully considered. The Board determined that the applicant’s DD Form 214 appropriately listed his discharge as “retirement” due to being in a TDRL status. After five years, he was released from the TDRL and separated with a 20% disability rating. He was issued orders showing he was removed from TDRL and discharged with severance pay, if authorized. Therefore, the Board agreed there was insufficient evidence to show an error or injustice. The Board recommended denying the applicant’s requested relief. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :XX :XXX :XXX 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. 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. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 635–40 (Personnel Separations - Disability Evaluation for Retention, Retirement, or Separation, establishes the Army Disability Evaluation System (DES). It 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. If a Soldier is found unfit because of physical disability, this regulation provides for disposition of the Soldier according to applicable laws and regulations. The objectives of this regulation are to: a. Maintain an effective and fit military organization with maximum use of available manpower. b. Provide benefits for eligible Soldiers whose military Service is terminated because of a service-connected disability. c. Provide prompt disability processing while ensuring that the rights and interests of the Government and the Soldier are protected. d. Establish the Military Occupational Specialty Administrative Retention Review (MAR2) as an Army pre-DES evaluation process for Soldiers who require a P3 or P4 profile for a medical condition that meets the medical retention standards of AR 40–501. Dispositions include retention in primary military occupational specialty (PMOS), reclassification, and referral to the DES. 3. Army Regulation (AR) 635-8 (Separation Processing and Documents) prescribes the transition processing function of the military personnel system. It provides principles of support, standards of service, policies, tasks, rules, and steps governing required actions in the field to support processing personnel for separation and preparation of separation documents. The authorized entries in item 23 (Type of Separation) for enlisted personnel include: * REFRAD. * Discharge. * Retirement. * REFRAD and order to active duty in another status. * Release from ADT. * Release from custody and control of the Army. * Release from ADT and discharge from the Reserve of the Army and return to the ARNG. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170007311 4 1