IN THE CASE OF: BOARD DATE: 14 December 2022 DOCKET NUMBER: AR20220005269 APPLICANT REQUESTS: reconsideration of his previous request for correction of his DD Form 214 (Report of Separation from Active Duty) for the period ending 5 July 1979 to show his effective date of separation as 30 April 1981. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552) * Standard Form 88 (Report of Medical Examination), 8 December 1980 (first page only) * DA Form 664 (Service Member's Statement Concerning Application for Compensation from the Veterans Administration), 21 February 1981 * Walter Reed Army Medical Center (WRAMC) Form 538 (Notification of a Formal Physical Evaluation Board (PEB)), 9 March 1981 * U.S. Army Military Personnel Center Orders D 75-8, 20 April 1981 * Honorable Discharge Certificate, 30 April 1981 FACTS: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20050002404 on 26 October 2005. 2. The applicant states his DD Form 214 shows the wrong separation date and should read 30 April 1981. 3. He enlisted in the Regular Army on 7 February 1978. 4. A medical evaluation board (MEB) convened at WRAMC on 27 April 1979 and determined the applicant suffered from an emotional disturbance. The MEB referred him to a PEB. He was informed of the findings and recommendations of the MEB on 15 May 1979 and he elected not to continue on active duty. 5. On 11 June 1979, a PEB convened at WRAMC and found him physically unfit for further service due to severe depressive neurosis. The PEB recommended a disability rating of 50 percent and placement on the Temporary Disability Retired List (TDRL) with reexamination during December 1980. He concurred with the PEB findings and recommendation on 13 June 1979 and waived his right to a formal hearing of his case. 6. U.S. Army Military Personnel Center Orders D126-2, 28 June 1979, relieved him assignment and duty because of physical disability effective 5 July 1979 and placed him on the TDRL effective 6 July 1979 with a disability rating of 50 percent. 7. He retired on 5 July 1979 by reason of temporary disability and was placed on the TDRL in the rank/grade of private first class/E-3 effective 6 July 1979. He completed 1 year, 4 months, and 29 days of total active service. His DD Form 214 shows in: * item 9d (Effective Date) – 5 July 1979 * item 15 (Date Entered Active Duty This Period) – 7 February 1978 8. His Standard Form 88 (first page only), 8 December 1980, shows he was examined on 8 December 1980 for TDRL purposes 9. On 18 February 1981, a PEB convened at WRAMC as a result of his TDRL examination on 8 December 1980. The PEB found him unfit due to depressive neurosis in remission. The PEB recommended a disability rating of 0 percent and separation from the service with severance pay, if otherwise qualified. He did not concur with the PEB recommendation on 23 February 1981 and requested a formal hearing with a personal appearance. 10. His DA Form 664, 21 February 1981, shows he filed an application for compensation from the Veterans Administration (now known as the Department of Veterans Affairs) and provided his retirement orders. 11. On 13 March 1981, a formal PEB was convened at WRAMC to reevaluated him and concluded that a disability rating of 10 percent more accurately reflected the degree of severity of his condition at that time. On 17 March 1981, in a separate memorandum, he did not agree with the recommendations and did not desire to submit a rebuttal. 12. U.S. Army Military Personnel Center Orders D 75-8, 20 April 1981, removed him from the TDRL and discharged him by reason of permanent physical disability with a disability rating of 10 percent and entitlement to severance pay effective 30 April 1981. 13. His Honorable Discharge Certificate shows he was honorably discharged from the U.S. Army on 30 April 1981. 14. On 26 October 2005 in Docket Number AR20050002404, the ABCMR denied his request for correction of his records to show his separation date as 30 April 1981. The ABCMR determined the effective date of separation entered in item 9d of the DD Form 214 will be the date the member is released from active duty and a new DD Form 214 will not be issued to Soldiers removed from the TDRL BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the applicant's military records, the Board found that relief was not warranted. The Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation. Per regulatory guidance, separation documents which are prepared for individuals upon retirement, discharge, or release from active military service. It established standardized policy for preparing and distributing the DD Form 214. Upon review of the applicant’s petition and available military records, the Board determined there is insufficient evidence to support correction of the applicant’s separation date is incorrect. The Board found the applicant was medically separated with severance pay for his unfitting conditions. The record shows the applicant did not accept his finding of the PEB recommendation and requested a formal hearing with a personal appearance. The Board recognize the applicant was removed from the TDRL on 30 April 1981 however, the applicant’s effective date of separation was 5 July 1979, his REFRAD date, based on regulatory guidance which states that a DD Form 214 will not be prepared for members being removed from the TDRL. Furthermore, the Board determined during the applicant’s reexamination and evaluation by the PEB while on orders at WRAMC did not constitute a new period of active-duty service for issuance of a new DD Form 214. The Board agreed, the applicant’s record is not in error or unjust and that reversal of the previous Board’s decision is unwarranted, and relief was denied. 2. The Army has an interest in maintaining the integrity of its records for historical purposes. The information in those records must reflect the conditions and circumstances that existed at the time the records were created. In the absence of evidence that shows a material error or injustice, there is a reluctance to recommend that those records be changed. The DD Form 214 provides a brief, clear-cut record of active service at the time of release from active duty, retirement, or discharge. 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 Board found 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 to amend the decision of the ABCMR set forth in Docket Number AR20050002404 on 26 October 2005. 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. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. The ABCMR considers individual applications that are properly brought before it. The ABCMR will decide cases on the evidence of record; it is not an investigative body. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. The ABCMR members will direct or recommend changes in military records to correct the error or injustice, if persuaded that material error or injustice exists and that sufficient evidence exists in the record. 2. Army Regulation 635-5 (Separation Documents), effective 1 October 1979, prescribed the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service. It established standardized policy for preparing and distributing the DD Form 214. The DD Form 214 provides a brief, clear-cut record of active service at the time of release from active duty, retirement, or discharge. a. Paragraph 1-4 provided that a DD Form 214 will not be prepared for members being removed from the TDRL. b. Table 2-2 stated for item 9d, enter the date placed on the TDRL. 3. Title 10, U.S. Code, section 1203, provides for the physical disability separation of a member who has less than 20 years of service and a disability rating of less than 30 percent. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220005269 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1