RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            13 SEPTEMBER 2005
      DOCKET NUMBER:   AR20040010556


      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             |
|     |Mr. Jessie B. Strickland          |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Shirley Powell                |     |Chairperson          |
|     |Mr. Robert Duecaster              |     |Member               |
|     |Ms. Jeanette McCants              |     |Member               |

      The Board considered the following evidence:

      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 that his report of separation (DD Form 214) be
corrected to reflect the correct information in items 19a through 28 and
that his end of tour award be added to his DD Form 214.

2.  The applicant states, in effect, that his DD Form 214 was incorrectly
prepared to reflect information that does not apply to him and that he was
recommended for an end of tour award that is not reflected on his DD Form
214.  He goes on to state that the address in block 19a, the nearest
relative in block 19b, pertain to someone in South Carolina that he does
not know and his DD Form 214 was forwarded to the Department of Veterans
Affairs in South Carolina and should have been forwarded to Tennessee.  He
goes on to state that he was not separated during the Holiday Early Release
Program but was separated on his expiration of term of service (ETS) and
his records should reflect that information accordingly.  He also states
that the information contained on his DD Form 214 dated 2 March 1991
reflects the correct information pertaining to blocks 19a, 19b and 20 that
should be reflected on his DD Form 214 dated 4 December 1995.

3.  The applicant provides a copy of his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error which occurred
on 4 December 1995.  The application submitted in this case is dated 8
November 2004 and was received on 1 December 2004.

2.  Title 10, U.S. 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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitation if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  He enlisted in the United States Army Reserve (USAR) on 22 October 1990
and entered initial active duty for training on 31 October 1990.  He
successfully completed his training as an administrative specialist at Fort
Jackson, South Carolina, and was released from active duty for training on
2 March 1991.  He was transferred to his USAR unit in Memphis, Tennessee.
His mailing address at the time was also in Memphis, Tennessee, and his
nearest relative was his spouse who also resided at his mailing address.

4.  On 14 October 1992, he enlisted in the Regular Army in Memphis,
Tennessee, for a period of 3 years and was assigned to Fort Stewart,
Georgia.  He was immediately transferred to Fort Stewart and was advanced
to the pay grade of E-4, effective the date of his enlistment.

5.  On 20 September 1995, orders were published at Fort Stewart, announcing
the applicant’s release from active duty on his ETS of 4 December 1995.

6.  On 4 December 1995, he was honorably released from active duty in the
pay grade of E-4, under the provisions of Army Regulation 635-200,
paragraph      16-12, and the Holiday Early Release Program.  He was given
a Separation Code of “MDM” and a Reentry (RE) Code of “3.”  Additionally, a
copy of his DD Form 214 was sent to the South Carolina Department of
Veterans Affairs and the mailing address and nearest relative are
individuals in South Carolina.  He was awarded the Good Conduct Medal, the
National Defense Service Medal, the Noncommissioned Officer Professional
Development Ribbon, the Army Service Ribbon, the Driver and Mechanic Badge
and Marksmanship awards.

7.  A review of the available records fail to show any connection between
the applicant and individuals in the State of South Carolina.
Additionally, the applicant was separated on his ETS.  His records show
that at the time he enlisted, his spouse resided at the address in Memphis,
Tennessee, that is contained on his DD Form 214 dated 2 March 1991.  A
further review of his records fail to show any other awards that are not
contained on his DD Form 214.  Additionally, his records contain no
derogatory information or pending personnel actions that would change the
authority for separation to other than ETS.

8.  The Fiscal Year Holiday Early Release Program, during the years it has
been in effect, has been a voluntary program in which personnel with an ETS
of 1 December through 2 January may request early separation.  Personnel
with an ETS date of 4 December could request to be separated no later than
1 December and would be given a Separation Code of “MDM.”  The separation
authority was Army Regulation 635-200, paragraph 16-12.

9.  Army Regulation 635-5 serves as the authority for the preparation of
the DD Form 214.  It provides, in pertinent part, that the DD Form 214 will
be prepared to reflect information that is current as of the date of
separation.
10.  Army Regulation 600-8-22 serves as the authority for individual
decorations.  It states, in pertinent part, that no individual is
automatically entitled to an award upon departure from an assignment.  The
decision to award an individual a decoration and the decision as to which
award is appropriate are both subjective decisions made by the commander
having award approval authority.  The award should reflect both the
individual’s level of responsibility and his or her manner of performance.
The degree to which an individual’s achievement or service enhanced the
readiness or effectiveness of his or her organization will be the
predominant factor.  Awards presented in conjunction with a permanent
change of station will be limited to exceptional cases.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record clearly shows that the applicant enlisted in
Memphis, Tennessee, and that his spouse resided in Memphis, Tennessee.
Accordingly, his DD Form 214 should have been sent to the Director of
Veterans Affairs in Tennessee.  Additionally, his mailing address after
separation (block 19a) and his nearest relative (block 19b) should be
corrected to reflect the same information that is listed on his DD Form 214
dated 2 March 1991.

2.  The evidence of record also shows that had he been separated under the
Holiday Early Release Program, he would have been released from active duty
on 1 December 1995 instead of on his ETS of 4 December 1995.  The evidence
of record is void of any information to show that he requested early
release under that program.  Therefore, it is reasonable to presume that an
administrative oversight caused the applicant’s DD Form 214 to be
improperly prepared.

3.  Inasmuch as he separated on his ETS as reflected on his separation
orders, his DD Form 214 should be corrected to reflect that he separated
under the provisions of chapter 4, Army Regulation 635-200, due to the
Expiration of his Term of Service (ETS) and that he was issued a Separation
Code of “”KBK” and a RE Code of “1.”

4.  The applicant’s contention that he was recommended for an unspecified
end of tour award has been noted.  However, there is no evidence to show
that he was recommended for any awards that are not contained on his DD
Form 214.   Therefore, lacking evidence to support his contention, there is
no basis to add any additional awards to his records at this time.
BOARD VOTE:

________  ________  ________  GRANT RELIEF

___SP __  ___RD __  ___JM___  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief and to excuse failure to timely
file.  As a result, the Board recommends that all Department of the Army
records of the individual concerned be corrected:

      a)  by showing on his DD Form 214 dated 4 December 1995, that his
mailing address in block 19a, his nearest relative in block 19b and the
State in block 20 are the same as contained on his DD Form 214 dated 2
March 1991; and

      b)  by showing that he was separated (block 25) under the provisions
of Army Regulation 635-200, chapter 4, due to the Expiration of his Term of
Service (block 28) and that he was issued a Separation Code of “KBK” (block
26) and a RE Code of “1” (block 27).

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
adding an unspecified and undocumented end of tour award to his DD Form
214.




            _____Shirley Powell_________________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040010556                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/09/13                              |
|TYPE OF DISCHARGE       |(HD)                                    |
|DATE OF DISCHARGE       |1995/12/04                              |
|DISCHARGE AUTHORITY     |AR 635-200, CH 16, PARA 16-12           |
|DISCHARGE REASON        |REFRAD                                  |
|BOARD DECISION          |(PARTIAL GRANT )                        |
|REVIEW AUTHORITY        |Ar 15-185                               |
|ISSUES                  |189/CORR 214                            |
|1.110.0000              |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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