RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          17 February 2005
      DOCKET NUMBER:  AR2004106492


      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. Rosa M. Chandler              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Thomas D. Howard, Jr.         |     |Chairperson          |
|     |Mr. John Infante                  |     |Member               |
|     |Ms. Maribeth Love                 |     |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, in effect, that his DD Form 214 (Certificate of
Release or Discharge from Active Duty), dated 17 March 1994, be corrected
to show that:

      a.  He was retired by reason of "Disability, Permanent" instead of by
reason of "Disability, Temporary."

      b.  The spelling of his name is "Axxxxx, Rxxxx F." not
"AxxxxxFxxxxxxxx, Rxxxx."

2.  The applicant states, in effect, that his DA Form 199, Physical
Evaluation Board (PEB) Proceedings, dated 26 May 1995, shows that his
disposition was "Permanent disability retirement."

3.  The applicant provides a copy of his 17 March 1994 DD Form 214 and his
26 May 1995 DA Form 199.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 17 March 1994.  The application submitted in this case is
undated, but was received on 5 April 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.  In 1978, the applicant enlisted in the United States Army Reserve
(USAR) and he was ordered to active duty for training from 20 January to 19
April 1978 at which time he was released and returned to his USAR unit.

4.  On 4 August 1980, the applicant enlisted in the Regular Army (RA)
Delayed Entry Program (DEP).  On 14 October 1980, he was discharged from
the DEP and he enlisted in the RA.  He served continuously thereafter,
reenlisting on 3 October 1983 and 9 October 1987.  His enlistment contracts
show the spelling of his name as Axxxxx-Fxxxxxxxx, Rxxxx.
5.  On 14 March 1991, while stationed in Saudi Arabia, the applicant
sustained a self-inflicted gunshot wound to his right shoulder.  After
several appeals of results of line of duty (LOD) determinations, on 8
February 1994, an LOD determination found the applicant's injury to be "In
Line of Duty" due to major depression.

6.  On 17 February 1994, a PEB hearing determined the applicant had
physical limitations which precluded adequate performance of normal duties
associated with his office, grade, rank or rating.  Accordingly, he was
found unfit for further service.  His condition had not stabilized and a
period of time on the temporary disability retired list (TDRL) was
considered appropriate.  The applicant concurred.

7.  Orders Number D37-1, US Total Army Personnel Command (PERSCOM)
(currently known as the US Army Human Resources Command) Alexandria,
Virginia, dated 24 February 1994, released the applicant from his
assignment and duty due to a physical disability, effective 17 March 1994,
and placed him on the TDRL, effective 18 March 1994.

8.  The applicant's DD Form 214 shows that, on 17 March 1994, he was
retired under the provisions of paragraph 4-24B(2), Army Regulation (AR)
635-40 with an honorable discharge.  His narrative reason for separation is
shown as "DISABILITY, TEMPORARY."  He had completed 13 years, 4 months and
5 days of active service for this period and he had completed 3 months of
prior active service.  This DD Form 214 shows his name as AxxxxxFxxxxxxxx,
Rxxxx."

9.  The DA Form 199 the applicant provided shows that, on 26 May 1995, a
PEB hearing determined that his physical condition had not improved and
that he should be retired by reason of "Permanent disability retirement."

10.  Orders Number D152-7, US Army Human Resources Command, Alexandria,
dated 10 August 1995, removed the applicant from the TDRL and placed him on
the permanent disability retired list (PDRL) as of the date of the order,
in pay grade E-5.

11.  Both Orders Number D152-7, and Orders Number D37-1 show the
applicant's name is Axxxxx, Rxxxx.

12.  AR 635-5 (Separation Documents) establishes standardized policy for
preparing and distributing the DD Form 214 that is prepared for Soldiers on
retirement, discharge, release from active duty service, or control of the
Active Army.  Paragraph 2-1(b)3 provides that a DD Form 214 will not be
prepared for Soldiers removed from the TDRL.
DISCUSSION AND CONCLUSIONS:

1.  The applicant's DD Form 214 issued on 17 March 1994 correctly shows
his narrative reason for separation [retirement] as "DISABILITY, TEMPORARY"
and cannot be changed.  His removal from the TDRL was properly accomplished
by orders issued on 10 August 1995.  Regulations do not permit the
reissuance of a DD Form 214.

2.  The applicant's enlistment contracts and most of the records contained
in his Official Military Personnel File show his name being spelled as
AxxxxxFxxxxxxxx, Rxxxx" or in the hyphenated manner as "Axxxxx-Fxxxxxxxx,
Rxxxx."

3.  There is no evidence in the applicant's record and he has provided none
that shows his name as "Axxxxx, Rxxxx F."

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 17 March 1994; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
16 March 1997.  However, the applicant did not file within the 3-year
statute of limitations and has not provided a compelling explanation or
evidence to show that it would be in the interest of justice to excuse
failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__tdh___  ___ji___  ___ml___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice.  Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned.
2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.



                                  Thomas D. Howard, Jr.
            ______________________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004106492                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050217                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.0100                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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