RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        26 April 2007
      DOCKET NUMBER:  AR20060015294


      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. Gerard W. Schwartz            |     |Acting Director      |
|     |Ms. Deyon D. Battle               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William Powers                |     |Chairperson          |
|     |Mr. William Crain                 |     |Member               |
|     |Mr. Dale DeBruler                 |     |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 Certificate of Release or Discharge
From Active Duty (DD Form 214) be corrected to reflect his current status.

2.  The applicant states, that he is not retired.  He states that he was
placed on the Temporary Disability Retired List (TDRL) when he was
separated from the service until his injury healed.  He states that his
service connected disability was initially rated at 30 percent; however,
his disability is currently rated at
10 percent.

3.  The applicant provides in support of his application, a statement
addressed "To Whom It May Concern"; a copy of orders dated 6 May 1992
releasing him from his assignment and duty due to physical disability and
placing him on the TDRL; and a copy of his Department of Veterans Affairs
(DVA) Severance Pay Statement dated 11 April 2002

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 26 May 1992.  The application submitted in this case is
dated 24 October 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.  On 6 October 1988, the applicant enlisted in the United States Army
Reserve (USAR) in Oklahoma City, Oklahoma, for 8 years, in the pay grade of
E-1.  He enlisted in the Regular Army on 25 October 1988, for 4 years and
he successfully completed his training as a fire support specialist.

4.  The applicant completed 3 years, 7 months and 2 days of net active
service prior to being honorably retired on 26 May 1992, under the
provisions of Army Regulation 635-40, paragraph 4-24b(2), by reason of
physical disability, rated at 30 percent service connected.


5.  The DD Form 214 that the applicant was furnished at the time of his
release from active duty (REFRAD) indicates that he was honorably retired
under the provisions of Army Regulation 635-40, paragraph 4-24b(2), due to
physical disability.

6.  Army Regulation 635-5 serves as the authority for the preparation of
the DD Form 214.  It provides, in pertinent part, that the DD Form 214 will
be prepared to reflect an individual's service as it exists on the date of
REFRAD or discharge.

DISCUSSION AND CONCLUSIONS:

1.  In order to justify correction of a military record the applicant must
show or it must otherwise satisfactorily appear, that the record is in
error or unjust.  The applicant has failed to submit evidence that would
satisfy this requirement.

2.  The applicant's contentions have been noted.  However, in accordance
with applicable regulation, his DD Form 214 properly reflects his status at
the time of his REFRAD.  The fact that his status has changed since his
placement on the TDRL is not a sufficient justification to warrant the
relief requested.

3.  In view of the foregoing, there is no basis for granting the
applicant's request.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 26 May 1992; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 25 May 1995.  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

___WP __  ___WC__  __DD ___  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.




                                  _____ William Powers________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060015294                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070426                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  189  |110.0000/SEPARATION DOCUMENT            |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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