IN THE CASE OF: BOARD DATE: 3 December 2021 DOCKET NUMBER: AR20210005323 APPLICANT REQUESTS: Correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 7 January 2009, by amending items 12c (Net Active Service This Period), 12d (Total Prior Active Service), and 12e (Total Prior Inactive Service) to show he was credited with 23 years and 45 days of total service (breakdown not specified). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record Under the Provisions of Title 10, U.S. Code, Section 1552), dated 20 January 2021 * Permanent Order 143-404, issued by U.S. Army Installation Management Command, Headquarters, U.S. Army Garrison, Fort Sill, Oklahoma on 23 May 2007 * Orders A-08-718286, issued by U.S. Army Human Resources Command (HRC), Alexandria, Virginia on 28 August 2007 * Orders 007-701, issued by U.S. Army Installation Management Command, Headquarters, U.S. Army Garrison, Fort Sill, Oklahoma on 7 January 2008 * Orders A-08-718286A01, issued by HRC, Alexandria, Virginia on 23 January 2008 * Orders 358-0219, issued by U.S. Army Installation Management Command, Headquarters, U.S. Army Garrison, Fort Sill, Oklahoma on 23 December 2008 * DD Form 214, for the period ending 7 January 2009 * Orders A-09-076-00001, issued by Headquarters, 479th Field Artillery Brigade, Fort Sill, Oklahoma on 17 March 2009 * Orders D215-02, issued by U.S. Army Physical Disability Agency (USAPDA), Washington, District of Columbia on 3 August 2010 * Memorandum from USAPDA, Arlington, Virginia, dated 10 September 2012 * Orders D254-20, issued by USAPDA, Arlington, Virginia on 10 September 2012 * DA Form 5016 (Chronological Statement of Retirement Points), dated 1 May 2020 * Standard Form 180 (Request Pertaining to Military Records), dated 12 November 2020 * Memorandum from HRC, Fort Knox, Kentucky, dated 8 December 2020 FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, U.S. 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 was placed on the temporary disability retired list (TDRL) on 7 September 2010. He was placed on the permanent disability retired list on 10 September 2012, with a 60 percent (%) percentage of disability. He should have 23 years and 45 days of total service. 3. The applicant enlisted in the Louisiana Army National Guard (ARNG) on 19 June 1986. He reenlisted in the U.S. Army Reserve (USAR) on 19 June 2003, served through reenlistments and extensions, and obtained the rank of sergeant first class (SFC) on 1 September 2005. 4. The applicant entered active duty on 23 January 2006. He was honorably released from active duty on 7 January 2009, under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), Chapter 4, by reason of completion of required active service. His DD Form 214 shows in: a. Item 12c, he was credited with 2 years, 11 months, and 15 days of active service during the period covered by the DD Form 214. b. Item 12d, he was credited with 2 months and 5 days of prior active service. c. Item 12e, he was credited with 19 years, 4 months, and 29 days of prior inactive service. 5. Orders D215-02, issued by the USAPDA on 3 August 2010, released the applicant from duty because of physical disability incurred as a result of injury while entitled to receive basic pay. He was placed on the TDRL on 7 September 2010, with a 60% disability rating. 6. Orders D254-20, issued by the USAPDA on 10 September 2012, removed the applicant from the TDRL on 10 September 2012, because of permanent disability. He was retired in the rank of SFC with a 60% percentage of disability. 7. A DA Form 5016, dated 1 May 2020, shows the applicant was credited with 23 years of service towards retirement. 8. The applicant provides a letter from HRC, dated 8 December 2020, which shows his request for a corrected DD Form 214 was not processed as the service dates listed were determined to be correct. 9. The DD Form 214 is a synopsis of a Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. BOARD DISCUSSION: After reviewing the application, all 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. Evidence of record shows the applicant was placed on TDRL, was appropriately reexamined, and was placed on the PDRL. The Board agreed his DD Form 214 was properly prepared when placed on the TDRL as it reflects the circumstances that existed when the form was created. A subsequent change in his status to PDRL does not render the DD Form 214 as being incorrect, and his PDRL orders are sufficient to show his updated status. Finally, the applicant is advised that when placed on the TDRL, he was in a retired status. No additional service credit is awarded to members during the reexamination period. The Board determined there is insufficient evidence that shows there was an error or injustice in this case. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :XX :XX :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, 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. Title 10, USC, Section 1405, provides that for the purposes of the computation of a service member's years of service, under a provision of Title 10 providing for such computation to be made, the years of service of the member are computed by adding: a. his or her years of active service; b. the years of service, not included in clause (1), with which he or she was entitled to be credited on 31 May 1958, in computing his or her basic pay; and c. the years of service, not included in clause (1) or (2), with which he or she would be entitled to be credited under Title 10, USC, Section 12733, if he or she were entitled to retired pay under Title 10, USC, Section 12731. 3. Service computed under Title 10, USC, Section 1405 includes all active service plus inactive duty service credit permitted under Title 10, USC, Section 1405. This date is used as the basis for the retired pay multiplier. Service under Title 10, USC, Section 1405 includes Inactive Duty Training (IDT) points creditable toward retired pay and membership points a Reserve Component member earned prior to being ordered to continuous active duty service. IDT and membership points may only be added to the service member's final active service total once the retiree has attained 20 years of active service. 4. Title 10, USC, Section 3991 (Computation of Retired Pay) provides that the monthly retired pay of a service member entitled to such pay under this subtitle is computed by multiplying the member’s retired pay base by the retired pay multiplier prescribed in section 1409 of this title, for the number of years credited to the member under section 1405 of this title. 5. Army Regulation 635-5 (Separation Documents) at the time established 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 for preparation of the DD Form 214. * extreme care is used when completing item 12 (Record of Service) since post- service benefits, final pay, retirement credit, and so forth are based on this information * item 12a (Date Entered Active Duty This Period) shows the beginning date of the continuous period of active duty for issuance of the DD Form 214 for which a DD Form 214 was not previously issued * item 12b (Separation Date This Period) shows the Soldier's transition date * paragraph 2-1(b)3 provides that a DD Form 214 will not be prepared for Soldiers removed from the TDRL (time spent on the TDRL is not creditable service) 6. 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. Paragraph 7-2, provides that an individual may be placed on the TDRL (for the maximum period of 5 years allowed by Title 10, U.S. Code, Section 1210) when it is determined that the individual's physical disability is not stable and he or she may recover and be fit for duty or the individual's disability is not stable and the degree of severity may change within the next 5 years so as to change the disability rating. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210005323 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1