MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            17 December 1998                  
	DOCKET NUMBER:   AC98-11474

	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.  The following members, a quorum, were present:

	Ms.	Karen L.Wolff		Chairperson	
	Mr.	Melvin H. Meyer		Member	
	Mr.	Kenneth L. Wright		Member	

	Also present, without vote, were:

	Mr.	Loren G. Harrell		Director	
	Mr. 	Ed Clark		Analyst	

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

	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 he 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:  That his undesirable discharge be upgraded.  He states that the discharge was unjust after nearly 9 years of service.

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 were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from available reconstructed records.

He entered active duty on 31 May 1946 and was discharged approximately 
1 month later by reason of minority.  He was subsequently enlisted on 26 June 1948 and later served in Korea where he attained the rank of corporal and was awarded the Combat Infantryman Badge.

On 23 March 1956, following eight separate periods of AWOL totaling 43 days, and convictions by one special court-martial and three summary courts-martial, a board of officers convened in France recommended that he be discharged.

On 3 March 1956 he was separated from active duty with an undesirable discharge.

There is no evidence that the applicant applied to the Army Discharge Review Board for upgrade of his discharge within its 15-year statute of limitations.

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 3 March 1956, the date he was discharged.  The time for the applicant to file a request for correction of any error or injustice expired on 3 March 1959.

The application is dated 20 November 1997 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

KLW____  MHM____  KLW____  CONCUR WITH DETERMINATION

		Loren G. Harrell
		Director

INDEX

CASE ID	AC98-11474	
SUFFIX		
RECON		
DATE BOARDED	1998 December 17	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	1956 June 	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110	
2.		
3.		
4.		
5.		
6.