MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:    

	BOARD DATE:         21 January 1999                     
	DOCKET NUMBER:   AR1999015370

	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	
	Ms. Deborah L. Brantley		Analyst	

  The following members, a quorum, were present:

	Ms. Karen J. Newsome		Chairperson	
	Mr. Fred N. Eichorn		Member	
	Mr. John P. Infante		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:  In effect, that his military records be corrected to reflect award of an Expert Marksmanship Badge and a Vietnam Campaign Ribbon.  He also notes that he “never received time and grade promotion” although he inquired about such promotions “many times.”

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 Army Reserve on 25 July 1967 for a period of six years.  He was ordered to active duty for basic and advanced individual training between November 1967 and April 1968.  He was advanced to pay grade E-2 in March 1968 while undergoing training.

Following completion of training the applicant returned to his USAR unit in Albany, New York where he performed duties as a switchboard operator.  On 
14 May 1970 the applicant was separated form the Army Reserve with a general discharge for unsatisfactory conduct.  His separation orders indicate he was serving in pay grade E-2 at the time of his discharge.

Available records contain no evidence the applicant was ever promoted beyond pay grade E-2 nor any evidence he was entitled to any automatic promotion.

Army Regulation 600-8-22 states that the Republic of Vietnam Campaign Medal was awarded to members of the U.S. Armed Forces who served at least 6 months in the Republic of Vietnam between 1961 and 1973.  There is no evidence the applicant was ever assigned to Vietnam.

Army Regulation 600-8-22 also states that marksmanship qualification badges are awarded to individuals who qualify in a prescribed record course.  Basic qualification badges are of three classes; expert sharpshooter, and marksman.  There is no evidence, nor has the applicant provided any which confirms he completed a prescribed record course or qualified for an Expert Marksmanship Badge in any weapon.

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 14 May 1970, the date he was released from active duty and authenticated his separation document.  The time for the applicant to file a request for correction of any error or injustice expired on 
14 May 1973.

The application is dated         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

_kjn____  __fne___  ___jpi_____  CONCUR WITH DETERMINATION

		Loren G. Harrell
		Director