RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            23 MARCH 2006
      DOCKET NUMBER:   AR20050007088


      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. Jessie B. Strickland          |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John Infante                  |     |Chairperson          |
|     |Mr. Jeffrey Parsons               |     |Member               |
|     |Mr. Edward Montgomery             |     |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 hardship discharge be
voided and that he be granted an early retirement.

2.  The applicant states, in effect, that at the time he was discharged, he
was not in the right frame of mind and he believes that it was an injustice
to be discharged after serving over 17 years of service.  He further states
that it was a clear injustice because he was not advised that he could
apply for early retirement and was not afforded any information or offered
counseling regarding his discharge.  He continues by stating that he has
worked in a related field since his discharge.

3.  The applicant provides a copy of his report of separation (DD Form
214).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice which
occurred on 16 September 1993.  The application submitted in this case is
dated 25 April 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.  He initially enlisted on 1 May 1975 and served as a finance specialist
until he was honorably released from active duty on 28 April 1978.  He
again enlisted in the Regular Army on 1 August 1979 and remained on active
duty as a finance specialist through a series of continuous reenlistments.
He was promoted to the pay grade of E-6 on 1 September 1987.

4.  On 9 February 1993, while stationed in the Military District of
Washington, the applicant extended his enlistment for a period of 9 months
to meet the service remaining requirements for assignment to Europe.  He
had orders assigning him to Europe with a port call of 25 July 1993.  The
applicant was experiencing marital problems at the time and requested to be
deleted from the assignment.  He was told to go to Fort Leonard Wood,
Missouri, to make the necessary applications.  He was attached to Fort
Leonard Wood on 28 July 1993.

5.  On 9 August 1993, the applicant submitted a request for a hardship
discharge due to financial hardship.  He indicated that he had accumulated
a large amount of debt, was going though a divorce and was filing
bankruptcy.  The appropriate authority approved his request on 12 August
1993.

6.  On 10 September 1993, orders were published which directed that he
participate in the Transition Assistance Management Program and directed
that he was not entitled to separation pay.

7.  On 16 September 1993, he was honorably discharged in the pay grade of E-
6 under the provisions of Army Regulation 635-200, paragraph 6-3b for
hardship.  He had served 17 years, 1 month and 14 days of total active
service.

8.  The Total Army Personnel Command (PERSCOM) message number 93-164, dated
20 April 1993, announced the criteria for the fiscal year 1993 Voluntary
Early Retirement Program (VERP) (the first year the program was offered).
It stated, in pertinent part, that Soldiers with at least 15 years of
active Federal service (AFS) but less than 20 years of AFS, in selected pay
grades and military occupational specialties, could apply for early
retirement.  Personnel who were approved for early retirement under the
provisions of the Fiscal Year 1993 VERP were required to depart active duty
no later than 30 August 1993.  The applicant’s pay grade and military
occupational specialty (73C) was not one of the selected specialties
offered the early retirement option.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he was unjustly not offered early
retirement under the VERP has been noted and found to be without merit.
The VERP was only offered to personnel in selected pay grades and military
occupational specialties.  The applicant’s specialty was not on the
selected list and therefore was not eligible to apply.

2.  It is also noted that the applicant submitted a voluntary request for a
hardship discharge and his request was approved in accordance with his
wishes at the time.  He was afforded participation in the TAMP prior to his
discharge and should have been aware of his options regarding his benefits
and service.

3.  Accordingly, he was properly discharged with a hardship discharge with
no indication of any violations of his rights.
4.  In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that the record is in error or unjust.  The applicant has failed to
submit evidence that would satisfy that requirement.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 16 September 1993; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 15 September 1996.  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

___JI ___  ___JP___  ___EM __  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.




                                  ______John Infante________________
                                            CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20050007088                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060323                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19930916                                |
|DISCHARGE AUTHORITY     |AR 635-200, CH 6, Para 6-3b             |
|DISCHARGE REASON        |HARDSHIP                                |
|BOARD DECISION          |(DENY)                                  |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |343/early ret                           |
|1.136.0500              |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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