MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           20 January 1999                   
	DOCKET NUMBER:   AR1999015101

	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. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Ms. June Hajjar		Chairperson	
	Mr. Robert W. Garrett		Member	
	Ms. Deborah S. Jacobs		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:  That his report of separation (WD AGO Form 53-58) be corrected to show his duty title as postmaster, that his unit be listed as 3rd Armored Division, 3rd US Army, that his weapon qualification be shown as expert, and that his grade be listed as technician 3rd grade.

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 available military records show:

He enlisted and entered active duty on 7 November 1945.  While still in training he was convicted by special court-martial of 8 days AWOL.  He was promoted to private first class on 12 July 1946, to technician 5th grade on 1 September 1946, to technician 4th grade on 1 November 1946, and to technician 3rd grade on 1 March 1947.

On 21 May 1947 the applicant was again convicted by special court-martial for causing $250 damage, through neglect, to an Army truck and for using that same Army truck for his own personal use.  The approved sentence included reduction in grade to private.

He was again promoted to private first class on 1 August 1947, to technician 5th grade on 1 December 1947, and to technician 4th grade on 15 January 1948.  His grade was then administratively changed to corporal effective 15 January 1948.  The applicant’s service record (WD AGO Form 24) for the period 7 November 1945 to 18 November 1948 does not reflect any subsequent promotions.

The applicant departed for the European Theater on 30 March 1946.  Effective 22 April 1946 he was assigned to the Department of the Army as a postal clerk for duty with the 14th Constabulary Squadron.  His duties shown on his qualification record (WD AGO Form 20) through 30 October 1948 remained as a postal clerk.  On 1 November 1948 he departed the European Theater for separation processing.  Additionally, the available record contains a letter, dated 15 December 1948, from the chief of the Army Postal Service stating that the applicant, a corporal, was relieved of his duties as an Army mail clerk effective 13 October 1948.

His qualification record also shows that he qualified as a sharpshooter with the M1 rifle on 28 January 1946; with the carbine as a marksman on 25 September 1947, and again with the carbine as a sharpshooter on 6 June 1948.

The applicant was separated from active duty on 18 November 1948 with a general discharge.  On 9 December 1948 the Department of the Army, Office of the Adjutant General, determined that the general discharge furnished the applicant was appropriate based on two convictions by special court-martial, 8 days AWOL, reduction from technician 3rd grade to private, one disqualifying character rating, and not favorably considered for the Good Conduct Medal.

The applicant’s report of separation of 18 November 1948 shows his grade as technician 4th grade, his unit as Adjutant General, Department of the Army, his duty title as postal clerk, and his weapon qualification as sharpshooter with the carbine on 6 June 1948.

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 18 November 1948, the date of his separation.  The time for the applicant to file a request for correction of any error or injustice expired on 18 November 1951.

The application is dated 17 January 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

JH______  RWG_____  DSJ_____  CONCUR WITH DETERMINATION

		Loren G. Harrell
		Director

INDEX

CASE ID	AR1999015101	
SUFFIX		
RECON		
DATE BOARDED	19990120	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	100.05	
2.	107.01	
3.	131.09	
4.	142.01	
5.		
6.