APPLICANT REQUESTS:  That his discharge be changed to a medical discharge.  He states, in effect, that he was discharged from the Army with a full leg cast from hip to ankle with no follow-up and no examination at the time of his discharge.  

COUNSEL CONTENDS:  Counsel makes not statement and submits no documents.

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:

He was inducted into the Army of the United States on 22 July 1966.  He completed basic combat training and advanced individual training and was awarded Military Occupational Specialty 95B (Military Policeman).

On 19 April 1968, the applicant accepted non-judicial punishment (NJP) under Article 15, Uniform Code of Military Justice (UCMJ) for failure to repair.

On 2 July 1968, the applicant accepted NJP under Article 15, UCMJ for failure to obey a direct order.

On 9 August 1968, the applicant was convicted by a special court-martial of being disrespectful towards a superior officer, striking a superior officer, offering violence to a superior officer, disobeying a lawful order, resisting lawful apprehension and being disorderly.  He was sentenced to confinement at hard labor for 1 month (later remitted) and to forfeit $68 pay for 1 month.

The applicant’s medical records are not available.

On 13 August 1968, he was honorably discharged, in pay grade E-3, for completion of his normal term of service.  He had completed 2 years and 9 days of creditable active service and had 13 days of lost time.

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 13 August 1968, the date the applicant was discharged.  The time for the applicant to file a request for correction of any error or injustice expired on 13 August 1971.

The application is dated 15 May 1997.  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

                       CONCUR WITH DETERMINATION

                                 Loren G. Harrell
					 	Director