RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 September 2006
      DOCKET NUMBER:  AR20060001915


      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. Wanda L. Waller               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James Anderholm               |     |Chairperson          |
|     |Ms. Maribeth Love                 |     |Member               |
|     |Mr. Thomas Ray                    |     |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 military records be corrected to show
that he retired early under the Temporary Early Retirement Authority
(TERA).

2.  The applicant states, in effect, that he was medically discharged and
was never briefed on the TERA.  He also states that he qualified for the
TERA in accordance with Public Law 102-484.

3.  The applicant provides a copy of his DD Form 214 (Certificate of
Release or Discharge from Active Duty) and a Department of Veterans Affairs
(DVA) Rating Decision, dated 4 April 2005.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
1 November 2000.  The application submitted in this case is dated 27
January 2006.

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.  Having prior inactive and active service, the applicant enlisted in the
Regular Army on 23 July 1984.  He served as a medical specialist and
remained on active duty through continuous reenlistments until he was
retired by reason of permanent disability on 1 November 2000.  The
applicant’s disability processing packet is not in the available records.
He had completed 17 years,
3 months, and 27 days of creditable active service.

4.  The applicant provided a DVA Rating Decision, dated 4 April 2005, which
shows that service connected disability compensation was continued at 100
percent for dysthymic disorder with major depressive disorder, that basic
eligibility to Dependents’ Educational Assistance was established effective

18 April 2002, and that he was considered competent.

5.  Section 4403 of the National Defense Authorization Act for Fiscal Year
1993 (Public Law 102-484), as amended, provided for a TERA during the force
reduction transition for enlisted personnel on active duty.  The purpose of
this legislation was to provide the Secretary of Defense with an additional
temporary force management tool to effect the drawdown of forces.  The law
stated, in pertinent part, that “During the active force drawdown period,
the Secretary of the Army may apply the provisions of Section 3914, Title
10, United States Code to allow early retirement of an enlisted member with
at least 15 years but less than 20 years of service.  The active force
drawdown period is defined as beginning on 23 October 1992 and ending on
1 October 1999; however, Congress later enacted legislation which extended
the period of the drawdown and the early retirement authority to 31
December 2001.

6.  The Active Army did not offer a TERA during fiscal years 1999, 2000, or
2001. In fiscal year 1998, TERA was only offered to certain promotable
sergeant/E-5s and Soldiers with a bar to reenlistment to reenlist or who
declined continued service.

DISCUSSION AND CONCLUSIONS:

1.  The TERA was a drawdown tool that could be used by the Service
Secretaries as a management tool to effect the drawdown of forces.  The
Army did not offer the TERA after fiscal year 1998.  In fiscal year 1998,
when the applicant had 15 years of service, TERA was only offered to
certain promotable sergeant/E-5s and Soldiers with a bar to reenlistment to
reenlist or who declined continued service.

2.  Records show the applicant should have discovered the alleged error now
under consideration on 1 November 2000; therefore, the time for the
applicant to file a request for correction of any error expired on 31
October 2003.  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

JA_____  _ML_____  __TR____  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.




                                  ____James Anderholm___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060001915                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060919                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |136.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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