ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	
	BOARD DATE:  29 October 2019

	DOCKET NUMBER:  AR20170010686


APPLICANT REQUESTS:  to correct DD Form 214 (Certificate of Release or Discharge 
from Active Duty), item 28 (Narrative Reason for Separation) from “Disability, 
Temporary” to “Retired.”  

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214, separation date 2 July 2001

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 he is no longer on the temporary disabled retirement list (TDRL) 
and is now retired.  He requests his DD Form 214 be corrected to reflect his medically 
retired status.

3.  A review of the applicant’s service record shows:

	a.  On 18 February 1999, he enlisted in the Regular Army.  

	b.  His DA Form 2-1 (Personnel Qualification Record) shows he completed basic 
training and advanced individual training at Fort Sill, OK.  He was awarded the military 
occupational specialty of 13F (Fire Support Specialist) before being assigned to Fort 
Hood, TX.

	c.  On 2 July 2001, he was retired from active duty under the provisions of Army 
Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), 
paragraph 4-24B(2) (Placement on the TDRL).  His DD Form 214 reflects he completed 
2 years, 4 months, and 15 days.  He was placed on the TDRL.  The complete facts and 
circumstances surrounding the reason for his discharge are not available for the Board 
to review.

	d.  Orders D008-01, dated 8 January 2009, administratively removed the applicant 
from the TDRL effective 3 July 2006 for failure to comply with physical examination and 
five years maximum tenure on the TDRL.

	e.  Orders D244-03, dated 1 September 2009, the applicant was removed from the 
TDRL and was permanently retired effective 2 July 2006.  

4.  By regulation, a DD Form 214 will be prepared for Active Army Soldiers on 
termination of active duty by reason of administrative separation, physical disability 
separation, or punitive discharge under the Uniform Code of Military Justice.  A 
DD Form 24 will not be prepared for Soldiers removed from the TDRL.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found relief was 
not warranted.  Board members noted AR 635-5 regulatory guidance, a DD Form 214 
will be prepared for Active Army Soldiers on termination of active duty by reason of 
administrative separation, physical disability separation, or punitive discharge under the 
Uniform Code of Military Justice.  A DD Form 24 will not be prepared for Soldiers 
removed from the TDRL.  Based upon the documentary evidence provided by the 
applicant and found within the military service record, the Board found that the applicant 
was temporarily, not permanently, retired on 2 July 2001.  Once he was retired, he was 
no longer on active duty.  Therefore, all information on the applicant’s DD Form 214 was 
correct based upon the facts and circumstances related to the applicant’s military 
service.

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 635-5 (Separation Documents), paragraph 2-1 (Preparing the DD 
Form 214 (Certificate of Release or Discharge from Active Duty)) in effect at the time, 
states 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 be prepared for 
Active Army Soldiers on termination of active duty by reason of administrative 
separation, physical disability separation, or punitive discharge under the Uniform Code 
of Military Justice.  A DD Form 24 will not be prepared for Soldiers removed from the 
Temporary Disabled Retirement List.

NOTHING FOLLOWS

ABCMR Record of Proceedings (cont)	 AR20170010686

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