MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            18 August 1999                  
	DOCKET NUMBER:   AR1999020177

	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. Raymond V. O’Connor		Chairperson	
	Mr. Edward Williamson		Member	
	Ms. Sherri V. Ward		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 general discharge be upgraded to honorable. He submits a statement and a newspaper article showing the Army’s intention to probe the high rate of minority crime figures.  His statement indicates he had medical problems and he was not treated fairly at his unit in Germany and that he served with valor and honor.

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 served a Regular Army enlistment from 15 June 1977 to 13 June 1980.  He served a 12 month tour in Korea and he received an honorable discharge.

He reenlisted in the Regular Army on 15 September 1981 for 4 years.  His elected options were assignment to Europe and a $5,000.00 cash bonus.

He was transferred to Germany on 18 September 1981.

While in Germany for the period December 1981 to August 1983, he received nonjudicial punishment under Article 15, UCMJ, for misconduct of communicating a threat to another soldier, wrongful possession and transfer of hashish, and AWOL, and he received a bar to reenlistment.

His commander recommended him for discharge for unsatisfactory performance. He acknowledged the recommendation and received due process.

The discharge was approved by appropriate authority and a general discharge, under honorable conditions was directed.

The applicant’s separation medical evaluation, conducted on 24 August 1983, shows he was medically qualified for separation with a physical profile code of 
P1-U1-L1-H1-E1-S1.

On 10 October 1983 the applicant was returned from Germany to Fort Dix, New Jersey for discharge.

On 11 October 1983 the applicant received a general discharge, under honorable conditions, under the authority of Army Regulation 635-200, chapter 13, for unsatisfactory performance.  He was discharged in pay grade E-2 with 2 years and 27 days of active service for this period.
The applicant’s petition to the Army Discharge Review Board (ADRB) for upgrade of his discharge was denied on 3 May 1984.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 13 contains the policy and outlines the procedures for separating individuals for unsatisfactory performance, and provides, in pertinent part, that commanders will separate a member under this chapter when, in the commander's judgment, the member will not develop sufficiently to participate satisfactorily in further training and/or become a satisfactory soldier.

Paragraph 3-7 provides that an honorable discharge is a separation with honor.  The honorable characterization is appropriate when the quality of the member's service generally has met the standards of acceptable conduct and performance of duty for Army personnel, or is otherwise so meritorious that any other characterization would be inappropriate.

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 3 May 1984, the date of his discharge upgrade petition denial by the ADRB.  The time for the applicant to file a request for correction of any error or injustice expired on 3 May 1987.

The application is dated 8 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

________  ________  ________  CONCUR WITH DETERMINATION

		Loren G. Harrell
		Director

INDEX

CASE ID	AR1999020177	
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.	136.00	
2.		
3.		
4.		
5.		
6.