RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            20 JULY 2006
      DOCKET NUMBER:   AR20050018084


      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. William Powers                |     |Chairperson          |
|     |Ms. Marla Troup                   |     |Member               |
|     |Mr. William Crain                 |     |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 three 45 day periods of active duty training (ADT)
he completed in 1982 and 1983.

2.  The applicant states, in effect, that his DD Form 214 does not reflect
the three periods of ADT he performed in the 1982 and 1983 and he desires
his records be corrected in order to receive credit for Federal retirement
as a civilian.

3.  The applicant provides copies of his DD Form 214, his ADT orders and
Defense Finance and Accounting Service (DFAS) Form R20-97 (Estimated
Earnings During Military Service) which shows he was paid for three periods
of 45 days ADT in 1982 and 1983.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 17 October 1993.  The application submitted in this case is
dated 19 December 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 originally commissioned as a United States Army Reserve (USAR)
second lieutenant on 26 July 1974 and it appears he was granted a deferment
to attend medical school.  He was ordered to active duty as an optometrist
on 8 July 1978 and served until he was honorably released from active duty
in the rank of captain on 31 July 1980, due to miscellaneous individual
reasons.  He had served 2 years, 3 months and 23 days of active service as
of that date and was transferred to the USAR Control Group (Reinforcement).

4.  On 15 June 1982, he was ordered to ADT for a period of 45 days for the
Armed Forces Health Professions Scholarship Program (HPSP) at Fort
Leavenworth, Kansas.  On 15 February 1983, he was ordered to ADT for 45
days for the HPSP at Fitzsimmons Army Medical Center and on 8 August 1983,
he was ordered to ADT for the HPSP at the University of Health Sciences
College of Osteopathic Medicine at Kansas City, Missouri.

5.  On 20 May 1984, he was appointed as a USAR medical corps commissioned
officer in the rank of captain.  He was ordered to active duty on 22 June
1984 for a period of 9 years, 11 months and 6 days to fulfill his active
duty obligation.  His first year of active duty was to complete his first
year graduate medical education Program internship as an osteopath.  He was
promoted to the rank of major on 8 June 1989.

6.  On 17 October 1993, he was released from active duty (REFRAD) and was
placed on the Temporary Disability Retired List (TDRL), effective 18
October 1993, with a 30% disability rating.  His DD Form 214 issued at the
time of his REFRAD indicates that he had served 9 years, 3 months and 28
days of active service during his current period of service and that he had
2 years, 3 months and 23 days of prior active service.

7.  On 18 November 1996, he was removed from the TDRL and was honorably
discharged by reason of permanent disability with a 10% disability rating
and entitlement to severance pay.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his three periods of ADT for a period
of 45 days each period were not included on his DD Form 214 dated 17
October 1993 has been noted and found to have merit.

2.   The applicant performed 135 days of ADT that he was not credited with
at the time of his separation in block 12d of his DD Form 214 under Total
Prior Active Service.

3.  Accordingly, his DD Form 214 dated 17 October 1993 should be corrected
to reflect that he had 2 years, 8 months and 8 days of Total Prior Active
Service instead of the 2 years, 3 months and 23 days that is currently
reflected.








BOARD VOTE:

___WP__  ___MT __  ___WC__  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for 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 block 12d of his DD Form
214 dated 17 October 1993 that he had 2 years, 8 months and 8 days of total
prior active service instead of 2 years, 3 months and 23 days as currently
reflected.





                            _____William Powers____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050018084                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060720                                |
|TYPE OF DISCHARGE       |(HD)                                    |
|DATE OF DISCHARGE       |19931017                                |
|DISCHARGE AUTHORITY     |AR 635-40                               |
|DISCHARGE REASON        |TDRL                                    |
|BOARD DECISION          |(GRANT)                                 |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |                                        |
|1.110.0000/189/CORR 214 |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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