ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 30 October 2019 DOCKET NUMBER: AR20170009183 APPLICANT REQUESTS: correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to credit her for time between the date she was placed on the temporary disability retired list (TDRL) (29 January 1992) and the date she was permanently retired (24 September 1993). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Orders D183-35, removing her from the TDRL * DD Form 214 ending on 29 January 1992 * DD Form 215 (Correction to DD Form 214) * Active Duty for Traini9ng DD Form 214 * Letter from the National Personnel Records Center * Letter from the Defense Finance and Accounting Service * Reserve Identification Card 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 she is preparing to retire from Federal Service and needs to correct her military time. Her DD Form 214 (Certificate of Release or Discharge from Active Duty) has her discharge date as 1992-01-29. Her disability discharge letter has date of 24 September 1993. The State Department is requiring that her DD Form 214 get adjusted to count the time. She contacted the National Personnel Records Center and they directed her to this Board. She would appreciate if the Board can issue her a new DD Form 214 with the date of her discharge from the Army of 24 September 1993. 3. Review of the applicant's service records shows: a. She enlisted in the U.S. Army Reserve (USAR) on 23 February 1985. She entered active duty for training (ADT) on 12 September 1985 and completed training for award of military occupational specialty 76Y (Unit Supply Specialist). b. She was released from ADT on 24 January 1986. Her DD Form 214 shows she completed 4 months and 13 days of active service. c. She enlisted in the Regular Army on 3 February 1987. She was assigned to Fort Lewis, WA. d. On 18 November 1991, a medical evaluation board (MEB) convened and after consideration of clinical records, laboratory findings, and physical examinations, the MEB determined the applicant had certain medically unacceptable conditions that failed retention standards. The MEB recommended referral to a physical evaluation board (PEB). The applicant agreed with the MEB's findings and recommendations. e. On 4 December 1991, an informal PEB convened and found the applicant was physically unfit to perform duties in her grade and military specialty due to low back pain. The PEB recommended a combined physical disability rating of 40% and placement on the TDRL with reexamination during January 1993. The applicant concurred with the PEB findings and recommendations and waived a formal hearing of her case. f. On 8 January 1992, the U.S. Total Army Personnel Command published Orders D5-1 retiring her from active duty on 29 January 1992 by reason of physical disability and placing her on the TDRL on the next day in her retired rank/grade of SGT/E-5. g. On 29 January 1992, she was honorably retired and on the next day she was placed on the TDRL. The DD Form 214 she was issued shows she was retired under the provisions of Army Regulation (AR) 635-40 (Physical Evaluation for Retention, Retirement, or Separation) by reason of temporary disability. She completed 4 years, 11 months, and 27 days of active service during this period. This form also shows in: h. On 13 August 1993, a TDRL PEB convened and found the applicant's condition did not improve to the extent that she was considered fit for duty and that she remained unfit to reasonably perform the duties required by her previous grade and military specialty. However, her condition was considered sufficiently stable for final adjudication. The PEB rated her condition at 20% and recommended the applicant be discharged with severance pay. She concurred. i. On 24 September 1993, the U.S. Total Army Personnel Command published Orders D183-35 removing the applicant from the TDRL and honorably discharging her from the service with entitlement to severance pay. 4. By regulation (AR 635-40), this regulation 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. 5. By regulation (AR 635-5), this regulation establishes the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of his or her military service. Chapter 2 contains guidance on the preparation of 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. Chapter 2 states that a DD Form 214 will not be prepared for Soldiers removed from the TDRL. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found the relief was not warranted. The applicant’s contentions were carefully considered. She received a DD Form 214 when placed on the TDRL. Her period of active service ended upon placement on the TDRL. The applicant was issued orders showing a date she was subsequently placed on the PDRL. The applicant is advised the DD Form 214 is provided for periods of active duty; time spent on the TDRL is not a period of active duty. The Board agreed regulatory guidance provides a new DD Form 214 is not issued for Soldiers removed from the TDRL. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : 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. 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 (Physical Evaluation for Retention, Retirement, or Separation) 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. 3. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of his or her military service. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It Chapter 2 contains guidance on the preparation of the DD Form 214. It states for Block 12b (Separation Date This Period), shows the date the Soldier's separation was accomplished. It also states a DD Form 214 will not be prepared for Soldiers removed from the TDRL. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170009183 4 1