RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 15 MAY 2008 DOCKET NUMBER: AR20080001994 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. Director Analyst The following members, a quorum, were present: Chairperson Member 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, in effect, that his records be corrected to allow him to retire with 19 years, 7 months, and 20 days of active service. 2. The applicant states, in effect, that he was falsely accused of failing a urinalysis test, which was stricken from his records as stated in a letter dated   18 September 1987. He states he was told he was being discharged for the good of the Army. He would like to be retired from the military service with his   19 years, 7 months, and 20 days of active service. He has served his country honorably, was severely wounded in combat, and has received above average performance marks during his career. Also, he received two Purple Hearts, three Army Good Conduct Medals, and many other outstanding honors. 3. The applicant provides a copy DD Form 293 (Application for the Review of Discharge or Dismissal from the Armed Forces of the United States), DA Form 2166-6 (Enlisted Evaluation Report), NGB Form 22 (Report of Separation and Record of Service), two Letters of Appreciation, Honorable Discharge Certificate from the Armed Forces of the United States of America, Certificate of Appreciation, and a letter from U.S. Army Reserve Personnel Center dated   18 September 1987. CONSIDERATION OF EVIDENCE: 1. 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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant's military personnel record shows he enlisted in the Regular Army on 10 July 1968. He completed the necessary training and was awarded the military occupational specialty (MOS) 11C (Infantry Direct Fire Crewman). He served continuously in various assignments and was subsequently awarded the MOS 94B (Cook). His highest grade held was E-6. 3. His military personnel record shows he accepted nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice (UCMJ), for dereliction of duty and was reduced to pay grade E-5. Subsequently, he was barred from reenlistment and he was honorably discharged from active duty on 23 February 1987 with a reentry eligibility (RE) code of RE-3 & 3C. He completed 8 years and 9 months of Net Active Service This Period and he had 9 years, 9 months, and 21 days Total Prior Active Service. 4. He entered the Alabama Army National Guard on 28 April 1987. His NGB Form 22 shows he served until his Reserve/Military service obligation was completed on 27 April 1988. He had completed 1 year of Net Service This Period and had 19 years, 7 months, and 20 days of Total Service for Pay. 5. The letter from U.S. Army Reserve Personnel Center dated 18 September 1987, states that the applicant's military records were corrected in accordance with the findings of the ABCMR and that all references related to the urinalysis of the specimen the applicant submitted on 15 September 1982 had been deleted from his Army military and medical records. 6. The applicant's military personnel record does not contain any documentation to show he was told he was being discharged for the good of the Army or any evidence of a punitive discharge, while serving with the Alabama Army National Guard. 7. Title 10, U.S. Code, sections 3911 and 3914, states that regular Soldiers with at least 20 years, but less than 30 years of qualifying service, may, upon their request, be retired, with discretion lodged with the Secretary of the Army. DISCUSSION AND CONCLUSIONS: 1. The applicant requests that his records be corrected to allow him to retire with 19 years, 7 months, and 20 days of active service. 2. The evidence shows that the applicant completed a total of 19 years,   7 months, and 20 days of total service for pay. There is no evidence he was told he was being discharged for the good of the Army as a result of his urinalysis test or any evidence of a punitive discharge from the Alabama Army National Guard. 3. The previous directive by the ABCMR, to delete all references related to the urinalysis of the specimen he submitted on 15 September 1982, was accomplished. 4. The evidence of record shows that the applicant was unable to reenlist due to a bar to reenlist. 5. While the applicant's combat service is noted, he did not serve the 20 years of active duty required to retire. 6. In order to justify correction of a military record the applicant must satisfactorily show, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit sufficient evidence that would satisfy this requirement; therefore, there is no basis for granting the applicant's request. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___X____ __X_____ ___X____ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. 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. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms. __________X____________ CHAIRPERSON ABCMR Record of Proceedings (cont) AR20080001994 2 DEPARTMENT OF THE ARMY BOARD FOR CORRECTION OF MILITARY RECORDS 1901 SOUTH BELL STREET 2ND FLOOR ARLINGTON, VA 22202-4508