IN THE CASE OF: BOARD DATE: 13 April 2020 DOCKET NUMBER: AR20180008547 APPLICANT REQUESTS: Correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect a retirement for a physical disability (permanent) instead of retirement for a physical disability (temporary). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Department of the Army Personnel Command letter dated 17 April 1990 * Order# D78-36 dated 17 April 1990 * Department of Veterans Affairs letter dated 14 March 2018 FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States Code, section 1552(b); however, the 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. A review of the applicant’s available service records reflects the following states: a. On 23 July 1971 he was inducted into the Army and ordered to active duty. b. On 23 July 1974 he was released from active duty and placed in the Army Reserve (Reinforcement). c. On 16 February 1977 he was again ordered to active duty. d. On 19 January 1983 he was released from active duty for retirement due to a temporary physical disability. The Separation Authority referenced utilized was AR 635-40 (Physical Evaluation for Retention, Retirement or Separation) Para 4-24e (2.). The applicant was also issued a Separation Code of “SFK” – Disability – Temporary. e. His record is void of a DD Form 215 correcting his DD Form 214 to reflect the applicant was placed on permanent disability retirement effective 20 January 1988 per decision of ABCMR. 3. The applicant provides the following a: a. Department of the Army Personnel Command letter dated 17 April 1990 reflective of the applicant being notified that his records were corrected by the issuance of orders. Further stated that a DD Form 215 would be issued to reflect the correction, if appropriate. b. Order# D78-36 dated 17 April 1990 reflective of the orders placing him on the Temporary Disability Retirement List (TDRL) being revoked without force or effect. The corrective action would further reflect that on 19 January 1988 he was removed from the TDRL and permanently retired effective 20 January 1988. The letter also contains verbiage reference to a previous directive issued by the ABCMR. Review of his available records are void of this referenced item. c. Department of Veterans Affairs letter dated 14 March 2018 reflective of the applicant’s periods of active service consistent with the dates listed within paragraph 2 above. Further reflected is the applicant’s disability rating of 100% effective 1 December 2017. 4. On 31 January 2020 the applicant was notified that his military records were requested from the National Archives and Records Administration (NARA) without success. In response the applicant provided the documentation to support the information contained within paragraph 2 above. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief is not warranted. There is no error or injustice in the applicant’s DD Form 214 showing that he was released from active duty and placed on the TDRL on 19 January 1983 nor is there any error or injustice in his subsequent orders removing him from the TDRL and placing him on the PDRL on 20 January 1988. Events that occur after the applicant’s 19 January 1983 release from active duty are not added to the DD Form 214 for that period. According to regulation, only orders are issued to show that the applicant was permanently retired. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :XXX :XXX :XX 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, United States 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 ABCMR to excuse an applicant's failure to timely file within the 3-year statute of limitations if the Army Board for Correction of Military Records (ABCMR) determines it would be in the interest of justice to do so. 2. Tile 10 United States Code (U.S.C.) 1202 (Regulars and Members on Active Duty for more than 30 days: Temporary Disability Retired List) states that upon a determination by the Secretary concerned that a member described in section 1201(c) of this title would be qualified for retirement under section 1201 of this title but for the fact that his disability is not determined to be of a permanent nature and stable, the Secretary shall, if he also determines that accepted medical principles indicate that the disability may be of a permanent nature, place the member’s name on the temporary disability retired list, with retired pay computed under section 1401 of this title. 3. Army Regulation (AR) 635-40 (Physical Evaluation for Retention, Retirement or Separation) paragraph 4-24e.(2) states that based upon the final decision of the CG, USAPDA, Military Personnel Center will issue retirement orders or other disposition instruction by placing personnel on the TDRL. 4. Army Regulation 635-5 (Separation Documents) states that the DD Form 214 will reflect the conditions and circumstances that existed at the time the records were created. The purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. It is important that information entered on the form be complete and accurate and reflects the conditions as they existed at the time of separation. The “Narrative Reason for Separation” is based on regulatory or other authority and can be checked against the provisions set forth in AR 635-5-1. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180008547 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1