MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            26 August 1999                  
	DOCKET NUMBER:   AR1999022881

	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:

	Ms. Shirley L. Powell		Chairperson	
	Mr. Samuel Calderon		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 DD Form 214 (Certificate of Discharge from Active Duty) be corrected to show award of an Army Achievement Medal and National Defense Service Medal (Item 13), and a new name for use for mailing address after separation (Item 19).  He also requests correction of appropriate military records to show a reentry eligibility (RE) code which would allow reenlistment.  He states he was unjustly given RE-3, because he was a good soldier, and the reason he was given a poor rating and blackballed from the service was because he wrote to his senator.  He submits his evaluations in support of his application.

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:

With 5 years, 11 months and 15 days of prior Regular Army and Reserve service, he was enlisted in the Regular Army on 29 April 1980 for 4 years.

He attained the rank of sergeant E-5 on 1 January 1982.

He received a unit imposed bar to reenlistment on 4 January 1984.  The bar was issued for untrainability, unsuitability, no potential, setting a poor example for his subordinates, ineffective leadership skills, inability to handle his personal and financial affairs, and poor performance of duties.

He was honorably discharged on 28 April 1984 based upon completion of his term of service.  He was assigned code RE-3 based on the bar to reenlistment.

On 15 October 1986 the applicant’s previous request to the Correction Board for a correction of his RE-3 code was denied.  The applicant was furnished a copy of the denial on 16 December 1986.

On 26 June 1987 the applicant’s DD Form 214 was corrected to add awards of the Army Achievement Medal and the National Defense Service Medal.  The applicant was furnished a copy of the correction, a DD Form 215 (Correction to DD Form 214) on 26 June 1987.

Army Regulation 635-5 applies to preparation of DD Forms 214.  It specifies that listing of nearest relatives on DD Forms 214 shows that this data is for purposes of emergency location or notification where necessary.  This data is overcome by arrival home of the individual soldier, and/or by advising the appropriate personnel officer of any changes in personal data, i.e. home addresses.
The regulation also specifies that the nearest relative data is obtained from the soldier, and that the soldier’s signature indicates he/she has reviewed the form and accepts the information as being correct to the best of their knowledge.

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 June 1987, the date of correction of the DD Form 214.  The time for the applicant to file a request for correction of any error or injustice expired on 26 June 1990.

The application is dated 6 February 1999, 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

slp______  sc______  bje _____  CONCUR WITH DETERMINATION

		Loren G. Harrell
		Director

INDEX

CASE ID	AR1999022881	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	1999 August 26	
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.	100.03	
2.		
3.		
4.		
5.		
6.