MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            5 August 1999                  
	DOCKET NUMBER:   AR1998013665

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Loren G. Harrell		Director	
	Mr. David E. Weightman		Analyst	

  The following members, a quorum, were present:

	Mr. Mark D. Manning		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Ernest W. Lutz, Jr.		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether the application was filed within the time established by statute, and if not, whether it would be in the interest of justice to waive the failure to timely file.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  Correction of his records to show his rank as specialist four E-4 (SP4).  He states he was an SP4 upon his release from active duty on 12 August 1984.  He submits a copy of his DD Form 214 in support of his request.

His application shows his date of release from active duty as 12 August 1987 (sic),

PURPOSE:  To determine whether the application was submitted within the time limit established by law, and if not, whether it is in the interest of justice to excuse the failure to timely file.

EVIDENCE OF RECORD:  The applicant's military records show:

The applicant enlisted in the Regular Army and served honorably from 13 August 1981 to 12 August 1984.  He was discharged in the rank of SP4 with 3 years of net active service for this period.  He was transferred to the Reserve Control Group (Reinforcement).

His DD Form 214 (Certificate of Discharge from Active Duty) shows his rank as SP4.

While in an Army Reserve unit, the 146th General Supply Company, he was reduced by unit orders from SP4 to private first class (PFC) E-3 effective 
1 November 1985 for inefficiency due to his unsatisfactory participation in scheduled training.

His records also show he enlisted and served in the New York Army National Guard in the grade of private E-2 from 16 June 1985 to 1 May 1986, and that he was discharged based on unsatisfactory participation.  The NGB Form 22 (Report of Separation and Record of Service) issued shows his character of service as under honorable conditions, NGB Form 56a, and his grade as private E-2.  He was then transferred to the Reserve Control Group (Reinforcement) for completion of his Reserve obligation.

Effective 12 August 1987 he was honorably discharged from the Reserve based upon completion of his Reserve obligation.  His discharge order, dated 9 August 1987, shows his rank as PFC E-3.

He was properly discharged from active duty on 12 August 1984 in the rank of SP4.

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.  Failure to file within 3 years may be excused by a correction board if it finds it would be in the interest of justice to do so.

DISCUSSION:  The alleged error or injustice was, or with reasonable diligence should have been discovered on 12 August 1987, the date of his discharge from the Reserve.  The time for the applicant to file a request for correction of any error or injustice expired on 12 August 1990.

The application is dated 12 March 1998 and the applicant has not explained or otherwise satisfactorily demonstrated by competent evidence that it would be in the interest of justice to excuse the failure to apply within the time allotted.

DETERMINATION:  The subject application was not submitted within the time required.  The applicant has not presented and the records do not contain sufficient justification to conclude that it would be in the interest of justice to grant the relief requested or to excuse the failure to file within the time prescribed by law.

BOARD VOTE:

________  ________  ________  EXCUSE FAILURE TO TIMELY FILE

________  ________  ________  GRANT FORMAL HEARING

mdm____  aao_____  ewl _____  CONCUR WITH DETERMINATION

		Loren G. Harrell
		Director

INDEX

CASE ID	AR1998013665	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	1999 August 5	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	131.00	
2.		
3.		
4.		
5.		
6.