BOARD DATE:  14 April 2020

		DOCKET NUMBER:  AR20190002262


APPLICANT REQUESTS:  to have his retirement date corrected on his DD Form 214 
(Certificate of Release or Discharge from Active Duty) to reflect the date that he was 
removed from the Temporary Disability Retired List (TDRL) and permanently retired.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	Enlisted Record Brief dated 27 January 2012
*	DD Form 214 dated 28 February 2012
*	Memorandum for Record (MFR) – Removal from TDRL Notification dated         
10 April 2014
*	Order# D100-10 dated 10 April 2014

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: 

   a.	On 25 March 2002 he enlisted in the Army Reserve.
   
   b.	On 18 April 2002 he was ordered to active duty. 
   
   c.	On 17 November 2011 a Physical Evaluation Board was conducted finding him 
physically unfit for continued military service. 
   
   d.	On 24 January 2012 (Order# 024-1306) he was released from assignment and 
duty due to a physical disability effective 28 February 2012 and placed on the TDRL on 
29 February 2012.
   
   e.	On 1 April 2014 an Informal Physical Evaluation Board was conducted finding 
him physically unfit and recommended that he be permanently retired.

   f.	On 10 April 2014 (Order# D100-10) directed that he be removed from the TDRL 
and permanently retired.  

3.  The applicant provides the following a: 

   a.	Enlisted Record Brief dated 27 January 2012 reflective of his service in the 
military from 18 April 2002 until his discharge.  During his military service he deployed 
overseas 4 times.  

   b.	DD Form 214 dated 28 February 2012 reflective of his retirement from active 
duty on 28 February 2012.  The reason for separation indicates “Disability, Temporary.”  
The Separation Code of “SFK” is consistent with this annotation.  

   c.	Memorandum for Record (MFR) – Removal from TDRL Notification dated         
10 April 2014 reflective of him being permanently retired. 

   d.	Order# D100-10 dated 10 April 2014 reflective of his removal from the TDRL on 
10 April 2014 and permanently retired.  

4.  See all applicable regulatory guidance below under REFERENCES. 

BOARD DISCUSSION:

After reviewing the application, supporting documents, and the evidence found within 
the military record, the Board found that relief was not warranted.  The applicant’s 
contentions, the military record, and regulatory guidance were carefully considered.  
The applicant did not serve any period of active duty subsequent to 28 February 2012 
that would require the issuance of a DD Form 214; his permanent retirement was 
properly documented by orders D100-10.  The Board concluded there was insufficient 
evidence of an error or injustice which would warrant a change to applicant’s effective 
retirement date as reflected on his DD Form 214.


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, 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.  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.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20190002262


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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