RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            27 APRIL 2006
      DOCKET NUMBER:   AR20050011056


      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:

|     |Mr. Lester Echols                 |     |Chairperson          |
|     |Mr. John Meixell                  |     |Member               |
|     |Ms. Naomi Henderson               |     |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 discharge be changed to a medical
discharge and that his report of separation be corrected to reflect the
correct number of days he served.

2.  The applicant states, in effect, that he should have been medically
discharged due to the frostbite he suffered at Fort Knox, Kentucky, during
his training.  He goes on to state that at the time he was told he was
being medically discharged and his medical records should reveal that he
was hospitalized for frostbite and now he is being denied his benefits
because he was misled at the time.  He also states that he did not apply
sooner because he has been in prison.  Accordingly, his discharge should be
changed and he should receive all back pay and entitlements that he is due.


3.  The applicant provides a letter from the State of Tennessee, Department
of Corrections, regarding treatment of his feet, a Power of Attorney for
his wife to act in his behalf, and documents related to his claims to the
Department of Veterans Affairs (VA).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice which
occurred on 18 April 1980.  The application submitted in this case was
received on 1 August 2005.

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.  He was born on 16 May 1960 and enlisted in the Tennessee Army National
Guard (TNARNG) on 22 August 1979 for a period of 6 years.  He was ordered
to his initial active duty for training (IADT) at Fort Knox on 8 January
1980.

4.  On 28 January 1980, nonjudicial punishment (NJP) was imposed against
him for assaulting another private and breaking his nose on 23 January
1980.  His punishment consisted of a forfeiture of pay.
5.  On 4 April 1980, NJP was imposed against him for being absent without
leave (AWOL) from 7 March to 3 April 1980.  His punishment consisted of a
forfeiture of pay.

6.  The commander also initiated action to separate the applicant from the
service under the provisions of Army Regulation 635-200, paragraph 5-33 and
the Trainee Discharge Program (TDP).  The commander cited the applicant’s
indifferent attitude, lack of motivation and self-discipline, his inability
to meet even minimum Army standards and his failure to respond to repeated
counseling sessions as the basis for his recommendation.

7.  The applicant acknowledged that he understood that due to non-
completion of requisite active duty time, VA and other benefits normally
associated with completion of honorable active service would be affected.
The applicant declined to submit a statement in his own behalf and further
indicated that he did not desire to have a separation medical examination
if the separation was approved.

8.  The appropriate authority approved the recommendation for separation
and the applicant was honorably discharged on 18 April 1980, under the
provisions of Army Regulation 635-200, paragraph 5-33f (2) and the TDP.
His report of separation (DD Form 214) reflects in item 12a that he entered
active duty on 7 March 1980.  In item 12c, it indicates that he only served
16 days of net active service during the period covered by his DD Form 214
and in item 12d. it indicates that he had a total of 1 month and 29 days of
Total Prior Active Service.

9.  A review of his records fails to show that the applicant had a previous
discharge or any other service prior to his enlistment on 22 August 1979.
Additionally, his medical records are not available for review by the Board
and there is no evidence to show that the applicant was hospitalized for
frostbite or that he should have been separated for medical reasons.

DISCUSSION AND CONCLUSIONS:

1.  The applicant entered IADT on 8 January 1980 and not 7 March 1980 as
currently reflected in item 12a of his DD Form 214.  Accordingly, that
entry should be corrected.

2.  Likewise, item 12c indicates that he served 16 days of Net Active
Service when in fact, he served 2 months and 13 days (after deducting his
27 days of lost time).  Therefore, it would be appropriate to correct his
DD Form 214 to reflect that he served 2 months and 13 days of active
service (item 12c).

3.  Inasmuch as he had no prior active service, item 12d. should be
corrected to reflect no prior active service (00 00 00).

4.  The applicant’s contention that he should have been medically
discharged has been noted and found to be without merit.  The applicant has
failed to show through the evidence submitted with his application or the
evidence of record that he was medically unfit for retention or separation
and that he should have been separated through the Physical Disability
Evaluation System.  Therefore, absent such evidence, there is no basis to
grant that portion of his request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

____LE  _  ___JM __  ___NH __  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 showing in item 12a. of
his DD Form 214 that he entered active duty on 8 January 1980 (1980 01 08),
in item 12c. that he served 2 months and 13 days (00 02 13) of Net Active
Service during that Period, and in item 12d. that he served no prior active
service (00 00 00).

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 his discharge to a discharge by reason of physical disability.




                            _____Lester Echols_________
                                      CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20050011056                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060427                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19800418                                |
|DISCHARGE AUTHORITY     |AR 635-200, Para 5-33f(2)               |
|DISCHARGE REASON        |TDP                                     |
|BOARD DECISION          |(PARTIAL GRANT)                         |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |189/CORR 214                            |
|1.110.0000              |                                        |
|2.144.3100              |538/A31.00                              |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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