MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:             5 August 1999    
	DOCKET NUMBER:   AR1999020891

	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	
	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:  In effect, that the narrative reason for his separation be changed.  He states, in effect, that his entrance physical makes no reference to the condition, which served as the basis for his separation by reason of a physical disability, which existed prior to his entry on active duty.  He submits no evidence in support of his request.

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 12 November 1981.  His enlistment physical examination notes an appendectomy scar and defective vision but he was found medically qualified for enlistment.  He successfully completed basic and advanced individual training prior to being assigned to Fort Hood, Texas in the fall of 1982.

In March 1983 the applicant was admitted to Brooke Army Medical Center following an “acute onset of bizarre motor activity, agitation and inability to express anything coherently….”  The applicant was diagnosed with a “probable drug induced psychotic episode” and referred to a medical board with antipsychotic medication.

An 18 March 1983 document notes “schizophreniform disorder” and “probable drug psychosis, resolved.”

Although documents associated with the applicant’s disability processing were not in records available to the Board there are documents which indicate the applicant appeared before a medical board.  The applicant signed a statement on 11 May 1983 requesting discharge for physical disability and acknowledged that a medical board had found him “unfit for retention in the military by reason of physical disability which has been found to have existed prior to [his] enlistment and which was neither incident to nor aggravated by [his] military service.”

On 15 June 1983 the applicant was honorably discharged from active duty under the provisions of Army Regulation 635-40 by reason of “physical disability prior to entry on active duty” as determined by a “medical board.”

Army Regulation 635-40, paragraph B-10, provides that hereditary, congenital, and other EPTS conditions frequently become unfitting through natural progression and should not be assigned a disability rating unless service aggravated complications are clearly documented or unless a soldier has been permitted to continue on active duty after such a condition, known to be progressive, was diagnoses or should have been diagnosed.

Army Regulation 635-40 also provides that individuals who are unfit by reason of physical disability neither incurred nor aggravated during any period of service will be separated without entitlement to benefits.

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 15 June 1983, the date the applicant was released from active duty.  The time for the applicant to file a request for correction of any error or injustice expired on 15 June 1986.

The application is dated 30 November 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	AR1999020891	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990805	
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.