RECORD OF PROCEEDINGS IN THE CASE OF: . BOARD DATE: 17 November 2005 DOCKET NUMBER: AR20050001279 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. W. W. Osborn, Jr. Analyst The following members, a quorum, were present: Mr. Lester Echols Chairperson Mr. John E. Denning Member Ms. Jeanette R. McCants 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 general discharge be upgraded to honorable. He also requests that his social security number be corrected. 2. The applicant states that, while he was at the retraining brigade at Fort Riley, Kansas, he was told that if he completed the program all references to the initial infraction would be expunged from his record, he would receive an honorable discharge and he would be restored to pay grade E-5. He was unaware that his record had not been expunged until he lost his job with the U.S. Postal Service for failing to disclose that incident. He also contends that his continued service to his civilian community warrants an upgrade of his discharge. 3. The applicant provides copies of a 13 May 2002 State of Maryland Sales and Use Tax License and his DD Form 214 (Report of Separation). He also provides a copy of his Social Security card showing "70" as the middle two digit numbers. CONSIDERATION OF EVIDENCE: 1. The applicant is requesting correction of an alleged injustice which occurred on 5 December 1974. The application submitted in this case is dated 24 January 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. The applicant's military records show that, on 8 August 1972, he enlisted for 2 years using a social security number of xxx-40-xxxx. This is the only social security number shown in the available records. 4. He received accelerated advancement to pay grade E-2, completed training as a field wireman and was advanced to pay grade E-3. The applicant was then stationed in Germany where he was advanced to pay grade E-4. 5. Before a special court-martial on 24 September 1974 the applicant pled guilty to violating a lawful general regulation by possessing heroin, Mandrax (methaqualone) and drug paraphernalia. The approved sentence was reduction to pay grade E-1 and six months confinement. 6. The applicant was transferred to the retraining brigade at Fort Riley, Kansas. On 6 December 1974 he was released from active duty due to the completion of required active duty service. He was transferred to the Army Reserve (Annual Training) with his service characterized as having been served under honorable conditions. 7. Army Regulation 635-200 (Enlisted Separations), paragraph 2-18, as then in effect, provided for the transfer of individuals who had completed their active duty obligation. 8. There is no evidence to show that the applicant applied to the Army Discharge Review Board within the 15 year time limit. DISCUSSION AND CONCLUSIONS: 1. The applicant's administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights. The type of discharge directed and the reasons therefor were appropriate considering all the facts of the case. 2. There is no evidence to substantiate the contention that the applicant was guaranteed an honorable discharge, restored rank or that the record of his misconduct would be expunged. 3. The applicant was never promoted to pay grade E-5. 4. The Maryland sales tax license that the applicant submitted is noted but there is no other evidence to show that his post-service behavior and conduct is so exceptionally meritorious as to warrant the requested relief. 5. There is no substantiating evidence to show that the proffered social security card is that of the individual who served under a different number. 6. Records show the applicant should have discovered the alleged error or injustice now under consideration on 6 December 1974; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 5 December 1977. 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 _JRM___ __LE ____ __JED_ _ 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. __ _Lester Echols_______ CHAIRPERSON INDEX CASE ID AR SUFFIX RECON DATE BOARDED 20051117 TYPE OF DISCHARGE GD DATE OF DISCHARGE 19741206 DISCHARGE AUTHORITY AR35-200, paragraph 2-18 . . . . . DISCHARGE REASON BOARD DECISION DENY REVIEW AUTHORITY ISSUES 1. A03.00 2. 3. 4. 5. 6.