BOARD DATE: 27 June 2018 DOCKET NUMBER: AR20160014657 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x____ ____x____ _____x___ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 27 June 2018 DOCKET NUMBER: AR20160014657 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. ______________x___________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. BOARD DATE: 27 June 2018 DOCKET NUMBER: AR20160014657 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests correction of his discharge date to reflect that his total time served met requirements for issuance of his 20-year letter (Notification of Eligibility for Retired Pay at Age 60). 2. The applicant states he was informed by the National Personnel Records Center that his 20-year letter was not processed. 3. The applicant provides no additional evidence. CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the U.S. Army Reserve (USAR) on 13 November 1978. 2. His records contain a DA Form 2624 (Specimen Custody Document – Drug Testing), dated 12 December 1997, showing he tested positive for cocaine use based on a command-directed urinalysis test conducted at his unit and submitted for drug testing at Fort Meade. 3. His U.S. Army Reserve Personnel Command Form 249-2-E (Chronological Statement of Retirement Points), dated 23 December 1997, shows he completed 18 years of qualifying service for retirement purposes (minimum of 50 points per anniversary year). A correction to this form was annotated on 9 May 1998 showing an additional 172 points were credited for the anniversary year 12 November 1990 through 12 November 1991, bringing his total retirement points for this period to 201, making it a qualifying year for retirement purposes. 4. 257th Transportation Company (Combat Heavy Equipment Transport) memorandum, dated 15 January 1998, subject: Separation under Army Regulation 135-178 (Separation of Enlisted Personnel), shows his unit commander notified him of initiation of action to separate him from the USAR for misconduct (abuse of illegal drugs) under the provisions of Army Regulation  135-178, paragraph 7-11c(1), as the result of his urinalysis test result positive for cocaine. The applicant acknowledged receipt of the notification on 17 January 1998. 5. A DA Form 4856 (General Counseling Form), dated 17 January 1998, shows his unit commander counselled him regarding his positive test for cocaine in the urinalysis administered on 6 December 1997. 6. 257th Transportation Company (Combat Heavy Equipment Transport) memorandum, dated 19 April 1998, subject: Separation under Army Regulation  135-178, showing he met with counsel and was advised the basis for the contemplated action to separate him for misconduct under the provisions of Army Regulation 135-178, chapter 7, and its effects, the rights available to him, and the effect of any action taken by him in waiving his rights. He requested appointment of counsel for consultation, consideration of his case by a board of officers, a personal appearance before the board of officers, and representation by military counsel. He did not elect to make a statement in his own behalf. 7. 257th Transportation Company (Combat Heavy Equipment Transport) memorandum, dated 19 April 1998, subject: Request for Involuntary Separation (Applicant), showing his commander recommended his discharge with characterization of his service as general under honorable conditions. His intermediate commanders endorsed the recommendation and recommended his discharge with characterization of his service as general under honorable conditions. 8. The DA Form 1574 (Report of Proceedings by Investigating Officer/Board of Officers) shows the Commander, 63d Regional Support Command, appointed a board of officers on 12 June 1998. The board convened on 6 February 1998. The applicant was represented by and appeared with counsel. After considering all the testimony and evidence presented, the board found the applicant committed misconduct and recommended his separation from the service with a general discharge under honorable conditions. 9. Headquarters, 63d U.S. Army Regional Support Command, memorandum, dated 2 June 1999, subject: Involuntary Separation – (Applicant), shows the Commanding General requested authorization to discharge the applicant under honorable conditions (general). The Deputy Chief of Staff for Personnel noted the applicant had between 18 and 20 years of qualifying service for retirement purposes; therefore, the separation authority rested with the Commander, USAR Personnel Command. 10. USAR Personnel Command 4th endorsement, dated 11 February 2000, subject: Involuntary Separation – (Applicant), granted approval of the applicant's discharge prior to completion of his 20th year of qualifying service with characterization of his service as general under honorable conditions. 11. USAR Command 5th endorsement, dated 24 February 2000, subject: Involuntary Separation – (Applicant), forwarded the USAR Personnel Command decision to the 63d U.S. Army Regional Support Command and requested the applicant's expeditious discharge with characterization of his service as general under honorable conditions. 12. He was discharged from the USAR on 21 March 2000. His service was characterized as general under honorable conditions. 13. An updated DA Form 5016 (Chronological Statement of Retirement Points), dated 20 June 2018, shows he completed 19 years, 6 months, and 8 days of qualifying service for retirement purposes (minimum of 50 points per anniversary year) at the time of his discharge. REFERENCES: 1. Army Regulation 135-178, in effect at the time, established policies, standards, and procedures governing the administrative separation of enlisted members from the USAR. a. Paragraph 1-25f provided that a USAR Soldier, having completed 18 but less than 20 years of qualifying service for retired pay, would not be involuntarily discharged without approval of the Commander, USAR Personnel Center (redesignated as the USAR Personnel Command). b. Paragraph 2-9f provided that a USAR Soldier who completed 18 but less than 20 years of qualifying service for retired pay could not waive the board hearing and the right to representation by counsel at a board hearing. c. Paragraph 2-18 provided that the complete report of proceedings would be forwarded to the separation authority for final determination and disposition. When board action was completed on a USAR Soldier with 18 but less than 20 years of qualifying service for retired pay, the findings and recommendations of the board, with complete documentation and the recommendation of the convening authority, would be forwarded to Headquarters, Department of the Army, for final determination in cases where the convening authority recommended discharge. d. Paragraph 6-4 provided that approval of Headquarters, Department of the Army, was required before a USAR enlisted Soldier who completed 18 but less than 20 years of qualifying service for retired pay could be discharged. e. Paragraph 7-11c(1) provided that an enlisted USAR Soldier was subject to discharge for misconduct when it was determined that the Soldier was unqualified for further military service by reason of abuse of illegal drugs. 2. Army Regulation 135-180 (Qualifying Service for Retired Pay Nonregular Service), in effect at the time, implemented statutory authorities governing granting retired pay to Soldiers and former Reserve Component Soldiers. a. Paragraph 2-1 provides that an individual need not have a military status at the time of application, but must have attained age 60 and completed a minimum of 20 years of qualifying service to be eligible for retired pay. b. Under section 1331(d) of Title 10, U.S. Code, each Reserve Component Soldier who completes the service required under paragraph 2-1 will be notified in writing within 1 year after he or she has completed that service. This notification will be issued by the Commanding General, U.S. Army Reserve Personnel Command, at the time 20 satisfactory years of service are completed. c. After 30 June 1949, a Reservist must earn a minimum of 50 retirement points each retirement year to have that year credited as qualifying service. DISCUSSION: 1. The applicant requested correction of his discharge date to show his total USAR service met the requirements for issuance of a 20-year letter. 2. The evidence of record shows he tested positive for cocaine during a unit urinalysis. His commander notified him of his intent to discharge him for misconduct (abuse of illegal drugs) with characterization of his service as general under honorable conditions. His intermediate commanders concurred with his commander's recommendation and he subsequently requested a hearing before a board of officers. He was represented by and appeared with counsel. The board recommended his discharge from the USAR. His command and intermediate commands concurred with the findings of the board. 3. The USAR Personnel Command granted approval of the applicant's discharge prior to completion of his 20th year of qualifying service on 11 February 2000. 4. He was afforded all entitlements to his rights and received full due process during his discharge proceedings. 5. At the time of his discharge he had completed 19 years of qualifying service for retirement purposes (minimum of 50 points per anniversary year). He did not meet the eligibility criteria for issuance of a 20-year letter. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160014657 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160014657 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2