1. “Whether the Army Board for the Correction of Military Records may exercise its powers under [10 U.S.C.] § 1552 to grant Mr. LaBonte disability retirement and amend his DD-214 accordingly.”
2. “Whether, in the alternative, the Board may grant retroactive disability retirement without amending a DD-214, because amending the form is not required by statute or regulation.”
“[W]e hold that the Court of Federal Claims erred in ruling that it was necessary for the ABCMR to alter Mr. LaBonte’s DD 214 in order to grant him the relief of disability retirement that he is requesting . . . § 1552(f) does not prohibit changing his DD-214 in order for it to be accurate and complete . . . . The case is remanded to the court for further proceedings consistent with this opinion.”
