RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        27 February 2007
      DOCKET NUMBER:  AR20060010699


      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             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Ted S. Kanamine               |     |Chairperson          |
|     |Mr. Larry C. Bergquist            |     |Member               |
|     |Ms. Laverne M. Douglas            |     |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 date and rank at discharge be
corrected.

2.  The applicant states he was placed on the Temporary Disability Retired
List (TDRL) after a serious injury.  He was then found to be not physically
qualified for retention and was formally discharged on 15 January 1991.
His grade was E-4.  Further, he was on his second one-year extension after
having served his three years.

3.  The applicant also states, in effect, that [until recently] he was
unable to contact the proper authority or to find knowledgeable assistance
[to make this request].

4.  The applicant provides no additional evidence.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 15 January 1991, the date he was removed from the TDRL.  The
application submitted in this case is dated 20 July 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.  The applicant enlisted in the Regular Army on 23 January 1983 for 3
years.  He was promoted to Specialist Four (SP4), E-4 on 1 March 1985.  On
11 July 1985, he extended his enlistment for 3 months.

4.  The applicant was reduced to Private, E-2 on 1 November 1985 and to
Private, E-1 on 25 November 1985.  A Disqualification for Award of Good
Conduct Medal statement, dated 27 January 1986, indicated he was not
recommended for award of the Army Good Conduct Medal due to receiving an
Article 15.

5.  On 1 February 1986, the applicant was advanced to Private E-2.
6.  On 19 March 1986, the applicant extended his enlistment for 9 months.

7.  On 1 May 1986, the applicant was advanced to Private First Class (PFC),
E-3.

8.  21 April 1987, the applicant was released from active duty in the rank
and grade of PFC, E-3.  The following date, he was placed on the TDRL.  His
release from assignment orders show his retired grade of rank as PFC;
however, the orders assigning him to the transition point show he would be
placed on the TDRL in the rank and grade of SP4, E-4.  His DD Form 214
(Certificate of Release or Discharge from Active Duty) shows his rank and
grade as PFC, E-3.

9.  On 15 January 1991, the applicant was removed from the TDRL and
discharged with severance pay.  His removal orders indicate his rank as
Specialist.

10.  Army Regulation 635-5 prescribes the separation documents prepared for
Soldiers upon retirement, discharge, or release from active military
service or control of the Army.  It establishes standardized policy for the
preparation of the DD Form 214.  In pertinent part, it states the DD Form
214 is a synopsis of the Soldier’s most recent period of continuous active
duty.  It provides a brief, clear-cut record of active Army service at the
time of release from active duty, retirement or discharge.

11.  Title 10, U. S. Code, section 1202 states if a member would be
qualified for retirement for disability but for the fact that his
disability is not determined to be of a permanent nature and stable, the
Secretary shall, if he also determines that accepted medical principles
indicate the disability may be of a permanent nature, place the member's
name on the TDRL with retired pay.

12.  U. S. Code, Title 10, section 1372 states any member retired for
physical disability or whose name is placed on the TDRL is entitled to the
grade equivalent to the highest grade or rank in which he served
satisfactorily as determined by the Secretary of the armed force from which
he is retired.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was promoted to SP4 on 1 March 1985; however, he was
reduced to Private, E-1 on 25 November 1985.  The evidence of record shows
he was advanced to PFC, E-3 by the time he was placed on the TDRL on 21
April 1987.

2.  The applicant’s DD Form 214 was meant only to be a brief record of his
active Army service at the time of his release from active duty for the
purpose of physical disability retirement.  It appears he was placed on the
TDRL, effective 22 April 1987, in the rank and grade of SP4, E-4; however,
on the date of his release from active duty (21 April 1987) his rank and
grade was PFC, E-3.  Therefore, his DD Form 214 correctly shows his rank
and grade as PFC, E-3.

3.  Again, the applicant’s DD Form 214 was meant only to be a brief record
of his active Army service at the time of his release from active duty for
the purpose of physical disability retirement.  On 15 January 1991, he was
removed from the TDRL; however, he was released from his active Army
service on 21 April 1987. Therefore, his DD Form 214 correctly shows his
separation date as 21 April 1987.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 15 January 1991; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on         14 January 1994.  The applicant did not file
within the 3-year statute of limitations; however, he has provided a
compelling explanation 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

__tsk___  __lcb___  __lmd___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.




                                  __Ted S. Kanamine_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060010699                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070227                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Schwartz                            |
|ISSUES         1.       |100.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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