MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            25 AUGUST 1999                 
	DOCKET NUMBER:    AR1999024746

	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 Weightman		Analyst	

  The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Mr. Lester Echols		Member	
	Mr. Allen L. Raub		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:  Correction of his military records to show his current social security number (SSN), his pay grade as E-3, and a reentry code to permit enlistment in the National Guard.  He states he was to have been upgraded from a general to honorable discharge, and he needs a RE code for the National Guard.  He submits a copy of a Security termination statement and debriefing certificate, dated 7 March 1978, a copy of his DD Form 214 (Report of Separation from Active Duty), dated15 March 1978, upgraded on 4 June 1979, and notarized copy of his SSN card, undated.

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 was enlisted in the Regular Army on 10 August 1976 for 3 years.  His expiration of term of service was 9 August 1979.

His highest grade held was private E-2.

His SSN was not changed during his enlistment.

On 15 March 1978 he was voluntarily discharged for the good of the service, in lieu of trial by court-martial for misconduct, under the provisions of Army Regulation 635-200, chapter 10.  His SSN was shown as the SSN given at enlistment and throughout his military service.  He was reduced to pay grade private E-1, and his grade was shown as private E-1.  His assigned RE code was RE-3.

On 4 June 1979 the Army Discharge Review Board upgraded his discharge from Under Conditions Other Than Honorable to a General Discharge, Under Honorable Conditions.  The reason for his discharge remained unchanged.  His SSN was shown as the SSN given at enlistment and throughout his military service.  His grade was shown as private E-2 (upgraded).  His assigned RE-3 code remained unchanged.

Pertinent Army regulations provide that prior to discharge or release from active duty, individuals will be assigned RE codes, based on their service records or the reason for discharge. Army Regulation 601-210 covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the US Army Reserve.  Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment. That chapter includes a list of armed forces RE codes, including RA RE codes.
RE-3 applies to persons not qualified for continued Army service, but the disqualification may be waivable, depending on the needs of the serivce.  Certain persons who have received nonjudicial punishment are so disqualified, as are persons with Article 15 punishment, those discharged prior to the expiration of their term of service, and those discharged under the provisions of chapters 9, 10, 13, and 14 of Army Regulation 635-200.

For historical purposes, the Army has an interest in maintaining the accuracy of its records.  The data contained in those records should reflect the conditions and circumstances that existed at the time the records were created.  In these cases applicants should send the National Personnel Records Center (the records custodian), 9700 Page Avenue, St. Louis, MO  63132-5260, a copy of a current or changed SSN, so it may be filed with the appropriate military records.  This may then be used in the future to verify military service under a current or changed SSN.

Army Regulation 635-200, 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 4 June 1979, the date of the upgrade of service. The time for the applicant to file a request for correction of any error or injustice expired on 4 June 1982.

The application is dated 2 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

lls______  le_______  alr_______  CONCUR WITH DETERMINATION

		Loren G. Harrell
		Director

INDEX

CASE ID	AR1999024746	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	1999 AUGUST 25	
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.	100.00	
2.	100.03	
3.		
4.		
5.		
6.