RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          10 AUGUST 2004
      DOCKET NUMBER:  AR2003099200


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Ms. Deborah L. Brantley           |     |Senior Analyst       |


      The following members, a quorum, were present:

|     |Ms. Gail Wire                     |     |Chairperson          |
|     |Ms. Karen Heinz                   |     |Member               |
|     |Mr. Paul Smth                     |     |Member               |

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests reconsideration of his previous request to have
his 1990 separation document corrected to reflect award of the Army
Commendation Medal and completion of the Advanced Noncommissioned Officer’s
Course (ANCOC).

2.  The applicant also requests that item 28 (narrative reason for
separation) be corrected to show that he was permanently retired by reason
of physical disability.  The Board did not previously address that issue.

3.  The applicant states, in effect, that he was able to find the
Department of the Army Form 638 which approved his award of the Army
Commendation Medal, as well as a copy of the award certificate.  He also
located a copy of a grade sheet for the ANCOC which, he states, confirms
completion of the ANCOC.

4.  The applicant provides copies of the approved Army Commendation Medal
and the ANCOC grade sheet in support of his request.

CONSIDERATION OF EVIDENCE:

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
AR2002076360 on 20 March 2003.

2.  Documents provided by the applicant confirm that he was awarded the
Army Commendation Medal for meritorious service in conjunction with his
discharge from the Army for medical reason.  The award was approved in May
1990 and an award order number was inserted on the award recommendation on
21 May 1990, thereby confirming the award.  The award certificate was also
issued on
21 May 1990.

3.  Documents contained in the applicant’s Official Military Personnel File
(OMPF) confirmed that he had successfully completed the 10 week Chemical
ANCOC on 15 September 1989.  The course was conducted at Fort McClellan,
Alabama.  Completion of the course was confirmed in a Service School
Academic Evaluation Report contained in the applicant’s file and in item 13
(military education/code) on the applicant’s Department of the Army Form 2A
(Personnel Qualification Record, Part I).

4.  The applicant’s 24 April 1990 discharge was the result of the
applicant’s name being placed on the TDRL (Temporary Disability Retired
List).  His name was removed from the TDRL and he was permanently retired
by reason of physical disability on 1 August 1991.  Orders issued on 1
August 1991 by the United States Total Army Personnel Command confirmed
that the applicant was permanently retired by reason of physical
disability.  Item 28 on his separation document reflects “Physical
Disability-Temporary.”

5.  Army Regulation 635-5, which prescribes the policies and procedures for
the preparation of separation documents, states that Department of Defense
Forms 214 are issued to capture information associated with an individual’s
period of active Federal service and are issued only when an individual is
released, or discharged from active duty.  It notes that a Department of
Defense Form 214 is not issued when a person is removed from the TDRL.

6.  The applicant’s separation document indicates that he was awarded the
NCO (Noncommissioned Officer) Professional Development Ribbon.  The award
was based on his completion of the Primary Leadership Development Course in
1979.  Army Regulation 600-8-22 states, that the NCO Professional
Development Ribbon is awarded with a numeral device to signify satisfactory
completion of specific levels of NCO professional development courses.
Completion of an ANCOC entitles the individual to award of the NCO
Professional Development Ribbon with a numeral “3.”

DISCUSSION AND CONCLUSIONS:

1.  The evidence confirms that the applicant was awarded the Army
Commendation Medal and completed the 10 week Chemical ANCOC at Fort
McClellan in 1989.  His records should be corrected accordingly.

2.  Based on his completion of the ANCOC he is also entitled to have the
numeral “3” added to his NCO Professional Development Ribbon.

3.  The entry in item 28 on the applicant’s separation document is correct
and the fact that he was subsequently permanently retired is not a basis to
change the reason for his 1990 discharge from active duty.  The orders
issued in August 1991, which permanently retired the applicant by reason of
physical disability, are sufficient to confirm his current status.  A
correction to item 28 on his 1990 separation is not required and creates no
error or injustice.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___GW__  ___KH __  ___PS __  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant amendment of the ABCMR’s decision in Docket Number AR2002076360,
dated 20 March 2003.  As a result, the Board recommends that all Department
of the Army records of the individual concerned be corrected by:

      a.  showing that he was awarded the Army Commendation Medal;


      b.  showing that he completed the 10 week Chemical Advanced
Noncommissioned Officer Course in September 1989; and


      c.  showing that he is entitled to the numeral “3” on his NCO
Professional Development Ribbon.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
changing item 28 on his 1990 separation document to show that he was
permanently retired by reason of physical disability.



            ______Gail Wire________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2003099200                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20040810                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |110.00                                  |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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