ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 31 October 2019 DOCKET NUMBER: AR20180004324 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show in: * Item 11c (Reason and Authority) – Retirement - Permanent Disability * Item 11d (Effective Date) – 2 August 1973 APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 199 (Physical Evaluation Board (PEB) Proceedings) * Letter Orders Number D 9-493, dated 28 September 1973 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, in effect, that in 1967, while assigned to Vietnam, he fell into a canal during a patrol and received a wound from a bamboo. The wound became infected and he contracted lymphedema in his right leg. As a result of his condition, he was placed on the Temporary Disability Retired List (TDRL). Subsequently, his condition worsened and eventually spread to his left leg. At that point, he was permanently retired in August 1973. 3. The applicant was inducted in the Army of the United States on 2 June 1967. 4. On 20 May 1969, he was evaluated by a PEB. The Board recommended he receive a 30-percent combined disability rating, and that he be placed on the TDRL. 5. As a result, of the PEB’s recommendation, the applicant was retired due to temporary disability on 23 June 1969 and placed on the TDRL on 24 June 1969. He was issued a DD Form 214 at the time of separation which shows in - * Item 11c - "Title 10 USC 1202 SPN 270 Retirement - Temporary Disability" * Item 11d – 23 June 1969 6. His record contains, and the applicant provides: a. His PEB proceedings, dated 2 August 1973, wherein the PEB found the applicant unfit. The Board recommended he receive a 30-percent combined disability rating, and that he be permanently retired from service. b. Letter Orders Number D 9-493, published by the Chief, Disability Section, Retirement Branch, dated 28 September 1973, which removed him from the TDRL effective 30 September 1973, and placed him on the Retired List 1 October 1973. 7. By regulation, a DD Form 214 will not be issued to individuals removed from the TDRL. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board considered the applicant’s statement, his service record to include service in Vietnam, his wounding, the results of the PEB and his placement on the TDRL and permanent disability retirement. The Board found that the applicant properly received a DD form 214 upon his placement on the TDRL and was permanently retired by orders. As the applicant was no longer on active duty after placement on the TDRL no additional DD Form 214 was required. The Board determined, by preponderance of evidence, that the reason for separation and date of separation on his DD Form 214 dated 23 June 1969 were not in error or unjust. 2. After reviewing the application and all supporting documents, the Board found that relief was not warranted. 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 (AR) 635-40 (Physical Evaluation for Retention, Retirement, or Separation) states that the Temporary Disability Retired List (TDRL) is used in the nature of a “pending list”. It provides a safeguard for the Government against permanently retiring a Soldier who can later fully recover, or nearly recover, from the disability causing him or her to be unfit. Conversely, the TDRL safeguards the Soldier from being permanently retired with a condition that may reasonably be expected to develop into a more serious permanent disability. 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 established standardized policy for preparing and distributing the DD Form 214. It states: a. To enter in item 11c (Reason and Authority), the authority for transfer or discharge from the appropriate regulation, circular, bulletin, statute, etc. followed by the Separation Program Number (SPN) and descriptive reason. For an enlisted Soldier placed on the TDRL, the appropriate SPN is "270" and the appropriate reason "Title 10 USC (1202 or 1205), Temporary disability Retired List." b. To enter in item 11d (Effective Date), the date separation is accomplished. c. A DD Form 214 will be prepared for personnel placed on the TDRL. A DD Form 214 will not be issued for personnel removed from the TDRL. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180004324 0 3 1