MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            5 August 1999                  
	DOCKET NUMBER:   AR1999018844

	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. David E. Weightman		Analyst	

  The following members, a quorum, were present:

	Mr. Mark D. Manning		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Ernest W. Lutz, Jr.		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:  Correction of his military records to show he was commissioned on 18 July 1989 instead of 12 December 1989 (sic).  He submits a certificate showing he was appointed on 18 July 1989.

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 attended Howard University and was enrolled in the ROTC program.  He was scheduled for appointment on 18 July 1989 but was not appointed.  He was provided a certificate showing he was appointed on 18 July 1989.

A physical examination given on 8 June 1989 shows the applicant qualified for ROTC Summer Camp.

In a letter from the ROTC Cadet Command, dated 15 December 1989, the applicant was advised that he was offered appointment upon his acceptance by completing an oath of office, and that he would be provided a commissioning certificate.

The applicant completed an oath of office on 15 December 1989 accepting a Reserve Commission.  The effective date of his commission was 15 December 1989 based on completion of the oath of office.  His basic date of appointment and his pay entry basic date is 15 December 1989.  He was placed in the Reserve Control Group (Officer Active Duty Obligor), pending entrance on active duty.

The applicant’s year of completion of his degree at Howard University is shown as 1990.

The applicant served honorably on active duty from 17 May 1990 to 18 July 1994.  He served in Southwest Asia in the Gulf war from 10 February to 3 May 1991.  His Reserve obligation expiration date was shown as 14 December 1997.

Pertinent regulations provide that an appointment may only be consummated based upon completion of an appropriate oath of office.

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 or before 18 July 1994, the date of his separation from active duty.  The time for the applicant to file a request for correction of any error or injustice expired on 18 July 1997.

The application is dated 2 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

mdm____  aao____     ewl_____  CONCUR WITH DETERMINATION

		Loren G. Harrell
		Director

INDEX

CASE ID	AR1999018844	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	1999 August 5	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.