MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:	 

	BOARD DATE:             2 December 1999
	DOCKET NUMBER:	AR1999022913

	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. Gerald E. Vandenberg		Analyst	

  The following members, a quorum, were present:

	Ms. Sherri V. Ward		Chairperson	
	Mr. Van B. Cunningham		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 to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	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:  Reconsideration of his previous application to correct his records by showing that his disability resulted from a combat related injury.

APPLICANT STATES:  In effect, that it is interest of justice to excuse his failure to file within the three-year statute of limitations.  He avers that he had previously submitted material that was new showing that his injuries were incurred in such a manner as to constitute combat related.  He avers that his disability retirement is tax exempt because his disability was combat incurred.

NEW EVIDENCE OR INFORMATION:  The applicant’s case is reopened in accordance with the Army Board for Correction of Military Records Reconsideration Project (ABCMR-RP) criteria.  Incorporated herein by reference are military records which were summarized in a memorandum prepared to reflect the Board's original consideration of his case on 25 November 1992 (COPY ATTACHED).  The applicant’s interim request was administratively closed.

The applicant submits a seven-page document outlining his contentions.  The documents submitted with the applicant’s May 1995 application are incorporated in the current submission.  The only new material is the DFAS Retiree Account Statement.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  Prior to reaching its determination the Board looked at the entire file.  It was only after all aspects of the case had been considered and it had been concluded that there was no basis to recommend a correction of the records that the Board considered the statute of limitations.  Had the Board determined that error or injustice existed it undoubtedly would have recommended relief in spite of a failure to submit an application within the 3-year time limit.  The Board has never denied an application simply because it was not submitted within the required time.

2.  The applicant has submitted no evidence to show that the PEB was in error in its determination that the applicant’s disability was not combat incurred.  The Retiree Account Statement does not indicate that the disability was combat incurred, all military disability retirements are tax exempt. 

3.  Expressions of dissatisfaction with previous decisions, contentions, unsubstantiated assertions, interpretations and argument, (except those that set forth a new factual basis for the requested relief) do not warrant reconsideration by the Board.

4.  The overall merits of the case, including the latest submissions and arguments are insufficient as a basis for the Board to reverse its previous decision.

5.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__svw___  __vbc___  ___bje___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999022913	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19991202	
TYPE OF DISCHARGE	 	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION		
REVIEW AUTHORITY		
ISSUES        1.	108.07	
2.		
3.		
4.		
5.		
6.