MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:                              
	DOCKET NUMBER:   AR

	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	
			Analyst	

  The following members, a quorum, were present:

	Mr. 		Chairperson	
	Mr. 		Member	
	Mr. 		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, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was assigned to Battery A, 7th Battalion, 17th Artillery upon his discharge on 
23 December 1971, and to the 1138th Engineer Battalion in the Missouri National Guard upon his discharge on 5 January 1986.  He states he served in those units and they should be shown.  He also states he wants a combat ribbon.

He submits a copy of his DD Form 214 in support of his application.

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 was drafted on 22 May 1970.  After basic and advanced training as a cook, Military Occupational Specialty Code (MOSC) 94B, at Fort Leonard Wood, MO, he was transferred to Korea.  There he initially served as a cook and was assigned to Battery A, 7th Battalion, 17th Artillery.  He remained in Korea from 13 October 1970 to 12 November 1971.

On 30 March 1971, while stationed in Korea, he was promoted to Specialist Four (E-4) in Military Occupational Specialty 13B, cannoneer.  He completed a sufficient amount of the MOSC 13B Field Artillery School correspondence course and on the job training to be awarded that MOSC by his commander.  His MOSC 94B was withdrawn.

He was then transferred to B Battery, 2d Battalion, 31st Artillery, at Fort Sill, OK. He was assigned duties in his MOSC 13B, cannoneer.

On 10 December 1971 Departmental officials announced worldwide that individuals may be voluntarily separated prior to their expiration of term of service under the authority of the Phase Down Release-First Term Personnel program.

He was selected for separation under the program and was honorably separated on 23 December 1971, in pay grade E-4, with 1 year, 7 months and 2 days of active duty.  He was transferred to the Reserve Control Group (Annual Training) to complete his statutory obligated service.

In preparation for separation the applicant’s medical and dental records, his separation orders, his post clearance form, his SGLI form, and his enlisted qualification record, all showed his unit as B Battery, 2nd Battalion, 31st Artillery.
The applicant later joined the Missouri National Guard and served as a combat engineer (MOSC 12B) from16 April 1981 to 5 January 1986, when he was separated with a General discharge based on unsatisfactory participation.  He was issued an NGB Form 22, Report of Separation and Record of Service, in the Army National Guard of Missouri.  His unit of assignment was shown as Company B, 1138th Engineer Battalion (Combat).

He was honorably discharged from the Reserve effective 15 April 1988.

He was awarded the National Defense Service Medal for his active duty service and the Armed Forces Expeditionary Medal for his service in Korea.  He did not serve in combat and was not authorized a combat ribbon.

Pertinent regulations specify that an individual’s last unit will be shown on his/her DD Form 214.

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 23 December 1971, the date of his separation from active duty and issuance of his DD Form 214.  The time for the applicant to file a request for correction of any error or injustice expired on 23 December 1974.

The application is dated 24 February 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

________  ________  ________  CONCUR WITH DETERMINATION

		Loren G. Harrell
		Director

INDEX

CASE ID	AR1999017286	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	YYYYMMDD	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.	100.00	
2.		
3.		
4.		
5.		
6.