MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:.

	BOARD DATE:            26 May 1999                  
	DOCKET NUMBER:   AR1999019823

	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:

	Mr. Mark D. Manning		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Ms. Barbara J. Ellis		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 undesirable discharge be upgraded.  He states, via a form letter, that clemency is warranted because it is an injustice for him to continue to suffer the adverse consequences of a bad discharge, that his average conduct and efficiency ratings were good, that his record of promotions showed he was generally a good service member, he had only isolated or minor offenses, that his record of AWOL indicates only minor or isolated offenses, his ability to serve was impaired by his youth and immaturity, that alcohol and drug abuse impaired his ability to service honorably, and that he has been a good citizen since discharge.  He submits no evidence to support any of his contentions.

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 entered active duty on 18 June 1968 at the age of 17 with 10 years of formal education.  He successfully completed basic training and was assigned to Aberdeen Proving Grounds for advanced individual training in September 1968.

In November 1968, while undergoing advanced individual training, the applicant commenced a series of AWOL periods which ultimately resulted in conviction by one special court-martial and more then 323 days of lost time.

He was apprehended by civilian authorities on 4 June 1969 and charged with burglary and larceny.  The applicant was in an AWOL status at the time.  He was returned to military control in November 1969 and charges were preferred.

Although documents associated with the applicant’s administrative separation were not part of the records available to the Board the applicant’s separation document indicates he was discharged under conditions other than honorable on 9 December 1969 under the provisions of Army Regulation 635-200, chapter 10.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 10 of that regulation provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may at any time after the charges have been preferred, submit a request for discharge for the good of the service in lieu of trial by court-martial.  A discharge under other than honorable conditions is normally considered appropriate.

There is no evidence that the applicant applied to the Army Discharge Review Board for upgrade of his discharge within its 15-year statute of limitations.
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 9 December 1969, the date applicant 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 9 December 1972.

The application is dated 8 August 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___  __bje___  CONCUR WITH DETERMINATION

		Loren G. Harrell
		Director

INDEX

CASE ID	AR1999019823	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990526	
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. 142.00		
3.		
4.		
5.		
6.