MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            1 July 1999       
	DOCKET NUMBER:   AR1999019913

	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. Joann H. Langston		Chairperson	
	Mr. Fred K. McCoy		Member	
	Mr. Stanley Kelley		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 that he was separated in the grade of staff sergeant.  He states he believe he  “should have gotten out as a staff sergeant” because in the 1950’s “there was a lot of unjust things and unfairness due to the color of [his] skin.”  In support of his request he submits and academic report for the 7th Army NCO Academy, a memorandum reflecting information concerning his character, aptitude area score, age, etc., and 1956 memorandum from an Air Force Warrant Officer indicating the applicant was “an outstanding member of the team.”

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 initial entered active duty on 24 January 1948 and served continuously until his separation on 26 February 1958.

He was promoted to E-2 in April 1951 and appointed to the temporary grade of Corporal/Specialist Third Class (E-4) in May 1953.

Prior to 1955 the grade of Staff Sergeant referred to individuals who were mid-way in the grade structure with three grades below them and three grades above. At that time pay grades ran from the lowest grade “private - sixth grade or E-6” to the highest “master sergeant - first grade or E-1.”  In 1951the pay grades were reversed with master sergeant becoming E-7 and private becoming E-1.  Army Regulation 615-15, dated 2 July 1954, announced a new grade structure with new titles and grades.  The 1955 revision to the Army rank structure did not include the rank of “staff sergeant’ rather it provided for corporal/specialist 3d class (E-4), sergeant/specialist 2nd class (E-5), sergeant first class/specialist 1st class (E-6) and master sergeant (E-7).  The rank of staff sergeant was returned to the Army rank structure in 1958.

Promotions at the time were all locally managed based on vacancies (with some quotas imposed by Department of the Army) and required that an individual be recommended for promotion and appear before a local promotion board.  There is no evidence, and he has not provided any, that he was ever recommended for or selected for promotion beyond his temporary appointment to E-4.

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 26 February 1958, the date the 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 26 February 1961.

The application is dated 21 December 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

___jhl__  ___fkm_____  ___sk___  CONCUR WITH DETERMINATION

		Loren G. Harrell
		Director

INDEX

CASE ID	AR1999019913	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990701	
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.