RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        1 September 2005
      DOCKET NUMBER:  AR20040011694


      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. Stephanie Thompkins           |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Stanley Kelley                |     |Chairperson          |
|     |Ms. Barbara J. Ellis              |     |Member               |
|     |Mr. Richard T. Dunbar             |     |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 correction to his DD Form 214 (Certificate of
Release or Discharge from Active Duty) dated 1 March 1995 to show his
separation date as 16 May 1997 and his award of the Soldier's Medal.  He
also requests correction to his service time in the Army National Guard
(ARNG).

2.  The applicant states that his DD Form 214 dated 1 March 1995 should
show his separation date as 16 May 1997.  He also states that he received
the Soldier’s Medal for heroism on 11 July 1991 and it is not listed on his
DD Form 214.  He further states that his service in the ARNG should be
shown as 22 March 1976 through 17 March 1981.  He also states that prior to
his retirement, he was going back and forth between Fort Campbell,
Kentucky; Fort Gordon, Georgia; and Fort Sam Houston, Texas.  On 2 March
1995, he was placed on the temporary disability retired list (TDRL) at Fort
Campbell and placed on permanent retirement on 15 May 1997.  At the time he
was processing out, he was advised that his total active service was
20 years and 3 months.  Before out processing, he was heavily medicated
because he had his left and right hip replaced in 1994 and 1996 and did not
check his DD Form 214.  He has talked with the Department of Veterans
Affairs (VA) and the VA advised him that he had over 20 years.  He needs
his DD Form 214 updated and he is qualified to receive retired pay.

3.  The applicant provides copies of his DD Form 214, his United States
Army and ARNG discharge certificates, his retirement certificate, his NGB
Form 22 (Report of Separation and Record of Service), his DA Form 4836
(Oath of Extension of Enlistment or Reenlistment), his orders for his
removal from the TDRL, and his Soldier's Medal certificate.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 1 March 1995, the date of his separation from active duty and
placement on the TDRL.  The application submitted in this case is dated 10
November 2004, but was not received for processing until 30 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 limitations 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.  The applicant's military records show that he was enlisted in the
Regular Army effective 25 August 1969 for 3 years.  He was discharged in
pay grade E-3 effective 22 October 1971.  He was credited with 2 years and
29 days total active service.

4.  The applicant enlisted in the Tennessee (TN) ARNG effective 28 July
1978.  He entered active duty on 18 May 1981.  He was promoted to staff
sergeant, pay grade E-6 effective 16 May 1991.

5.  The applicant appeared before a Medical Evaluation Board (MEB) on
16 December 1993.  He was diagnosed with avascular necrosis, bilateral hip,
status post core decompression.  Continuance on active duty was medically
contraindicated.  He was referred to a Physical Evaluation Board (PEB).  He
concurred with the board's findings and recommendations.

6.  The applicant appeared before a PEB on 10 February 1994.  The board
found that the MEB narrative summary did not describe objective findings
which precluded the applicant from performing the duties of his rank and
military occupational specialty nor findings which precluded him from
taking an alternate Army Physical Fitness Test.  The PEB found the
applicant fit for duty and recommended his return to duty.

7.  The applicant appeared before a PEB on 31 August 1994 for avascular
necrosis, right and left hip.  A complete review of the applicant's case
file confirmed the fact that he was unfit.  The US Army Physical Disability
Agency found his disposition was more appropriately for placement on the
TDRL with reexamination in December 1995.  He concurred with the PEB's
findings and recommendations on 2 September 1994.

8.  The applicant was separated from active duty, in pay grade E-6, for
retirement effective 1 March 1995 and honorably discharged from the TNARNG
the same day.  He was placed on the TDRL effective 2 March 1995.  He was
credited with 14 years, 9 months, and 14 days total active service; 2
years, 1 month, and 29 days prior active service; and 2 years, 8 months,
and 20 days prior inactive service.  Item 13 (Decorations, Medals, Badges,
Citations and Campaign Ribbons Awarded or Authorized), of his DD Form 214,
does not list the Soldier's Medal.

9.  The certificate which awards the Soldier's Medal to the applicant dated
6 November 1995 shows he was awarded the medal for extraordinary heroism on
11 July 1991.

10.  The applicant appeared before a PEB on 21 January 1997 for status post
bilateral total hip arthroplasty for bilateral avascular necrosis.  The PEB
recommended permanent disability retirement and he concurred.  He was
removed from the TDRL effective 15 May 1997 and permanently retired with a
60 percent disability.

11.  Army Regulation 635-5, prescribes the policies and procedures
regarding separation documents.  The regulation specifies that a DD Form
214 will be prepared for Reserve Component Soldiers completing 90 days or
more of continuous active duty.  This regulation also specifies that the
entry for date entered on active duty will be the beginning date of the
continuous period of active duty for issuance of this DD Form 214.  The
separation date this period will be the soldier's transition date.

12.  National Guard Regulation 600-200, prescribes the policies and
procedures for the separation of enlisted personnel from the ARNG.  The
regulation specifies that a NGB Form 22 will be prepared for every Soldier
being discharged from the ARNG.  The entry date will be the beginning date
of service and the separation date this period will be the soldier's
transition date.

DISCUSSION AND CONCLUSIONS:

1.  In view of the circumstances in this case, the applicant is not
entitled to correction to his separation document dated 1 March 1995.  He
has not shown error, injustice, or inequity for the relief he now requests.

2.  The applicant's contention that his separation document is incorrect
has been noted.  However, the applicant entered on active duty from the
TNARNG effective 18 May 1981.  He appeared before a PEB and was found
medically unfit.  He was separated from active duty for retirement
effective 1 March 1995 and placed on the TDRL.  He was issued a DD Form 214
for his period of service on active duty from 18 May 1981 through 1 March
1995.  Therefore, his DD Form 214 correctly shows that date he entered on
active duty and the date he separated from active duty.

3.  Based on the evidence in this case, the applicant was awarded the
Soldier's Medal for extraordinary heroism on 11 July 1991; however, the
award was not issued until 6 November 1995, after his separation on 1 March
1995.  Therefore, it would be appropriate to add the award to his DD Form
214 at this time.
4.  The applicant's contention that his ARNG time is also incorrect has
been noted.  However, the evidence of record shows he initially enlisted in
the TNARNG effective 28 July 1978 and served continuously until his
separation for retirement effective 1 March 1995.  He was appropriately
issued a separation document from the ARNG for this period of service.
Therefore, there is no apparent error in his ARNG time shown on his
separation document and he has not shown otherwise.

5.  In view of the foregoing, the applicant’s records should be corrected
as recommended below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

____sk __  ___bje__  ____rtd __  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 by adding the already
awarded Soldier's Medal to his DD Form 214.

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
correction of his DD Form 214 to show his separation date as 16 May 1997
and correction to the dates and time he served in the Army National Guard
shown on his separation document.




                            ___________Stanley Kelley_____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040011694                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050901                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.10                                  |
|2.                      |110.00                                  |
|3.                      |110.01                                  |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]