IN THE CASE OF:	

		BOARD DATE:  24 January 2012

		DOCKET NUMBER:  AR20110024974 


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, in effect, removal of his initial enlistment urinalysis (UA) results at the Military Entrance Processing Station (MEPS) and allied documents from his Official Military Personnel File (OMPF).

2.  He states he has learned from his mistake.  He is requesting the removal of this information so he may have a better chance at career advancement through the military.  He states the incident happened prior to his military service and he would not like to be judged on a mistake made before enlisting into the military. 

3.  He provides a Memorandum for Record (MFR) from his commander and a Letter of Commendation.

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 records show he enlisted in the Regular Army on 10 March 2008.  He has attained the rank/grade of specialist/pay grade E-4.

3.  Item 76 (Significant or Disqualifying Defects) of a DD Form 2808 (Report of Medical Examination) in his records, dated 14 January 2008, shows he tested positive for cannabis (marijuana).

4.  In conjunction with his enlistment, item 26 (Drug Use and Abuse) of his DD Form 1966 (Record of Military Processing - Armed Forces of the United States) is checked "yes."  Page 4, Section VI (Remarks) of this form contains the entries:

   a.  "26. Explanation - experimental 20071213-20071214 Frequency - 1"; and 
   
   b.  Waiver Information:  "A(n) ADMINISTRATIVE WAIVER APPROVED by BATTALION - XO MAJ_____, 20080308." 

5.  The applicant provided an Alpha Company, 72d Expeditionary Signal Battalion MFR, subject:  Expungement of Failed UA during Initial Enlistment for the Applicant.  The commander stated in the MFR that the applicant was requesting the expungement of his failed UA at MEPS from his OMPF so he can further his career in the U.S. Army.  He stated the applicant had learned from his mistake, lived the Army Values, and exemplified the total Soldier concept.  The applicant maintained a 3.6 grade point average while attaining 52 college credits.  The applicant had been assigned to Alpha Company for the past three and one-half years during which time he set himself apart from others, becoming a Soldier the younger Soldiers in the unit looked up to.  He further stated the applicant had been promotable for 3 months.  The commander recommended the applicant's initial enlistment medical records stating he had a failed UA be expunged from his records.   

6.  Headquarters, Seventh Army Noncommissioned Officer Academy, memorandum, subject:  Letter of Commendation, dated 10 November 2011, stated the applicant had distinguished himself by graduating on the Commandants List while attending the Warrior Leader Course at the Seventh Army Noncommissioned Officer Academy.

7.  Army Regulation 600-8-104 (Military Personnel Information Management/ Records) prescribes the policies and mandated operating tasks for the Military Personnel Information Management/Records Program of the Military Personnel System.
 
	a.  Paragraph 2-4 states once a document is placed in the OMPF it becomes a permanent part of that file and will not be removed from that file or moved to another part of the file unless directed by the proper authorities listed in the regulation.

	b.  Table 2-1 (Composition of the OMPF) states a request for waiver of disqualification for enlistment/reenlistment is to be filed in the Service Computation File of the OMPF.  It further states all pages of the 1966 Series (DD) when accompanied by correspondence showing final determination will be filed in the Service Computation File in the OMPF. 

DISCUSSION AND CONCLUSIONS:

1.  His enlistment documents together with all allied documents are correctly filed in the Service File of his OMPF.  The purpose of maintaining the OMPF is to protect the interests of both the U.S. Army and the Soldier.  The OMPF serves to maintain an unbroken, historical record of a Soldier's service, conduct, duty performance, and evaluation periods.

2.  He has been advanced in rank three times and is currently promotable.  Therefore, there is no evidence an error or injustice has occurred as a result of his records showing his failed UA at MEPS or allied documents thereof.

3.  The Army has an interest in maintaining the accuracy of its records.  The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created. 

4.  In view of the above, there is an insufficient basis to remove his failed UA results or allied documents from his OMPF.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ___X ___  ___X____  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

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.




      _______ _  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.

ABCMR Record of Proceedings (cont)                                         AR20110024974



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ABCMR Record of Proceedings (cont)                                         AR20110024974



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