MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:  22 June 2000
	DOCKET NUMBER:  AR1999025273

	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. Carl W. S. Chun		Director	
	Ms. Stephanie Thompkins		Analyst	

  The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. Arthur A. Omartian		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:  His rank be shown as private E-2 on his discharge document.  He states that he was suppose to be promoted to E-2 but never was paid as an E-2 and upon his discharge he was paid as a private E-1.  He also states he was deprived full pay because of his condition.  He submits a copy of his DD Form 214 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:

He enlisted in the Army on 16 February 1984 as an E-1.

A flagging action was submitted on 20 July 1984 to block advancement to E-2 due to pending medical discharge.

He was honorably separated for physical disability without severance pay on 11 February 1985 in pay grade E-1.

His records do not show that the flagging action to block his advancement to E-2 was removed prior to his discharge.

There is no record and no evidence has been provided to show the applicant was serving in the grade of E-2 at the time of his discharge.

The applicant has not provided any documentation to substantiate his claim that he did not receive full pay because of his condition.

The presumption of regularity applies in this case.  The records are presumed correct and the burden is on the applicant to show otherwise.

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 11 February 1985, the date of his discharge.  The time for the applicant to file a request for correction of any error or injustice expired on 11 February 1988.

The application is dated 24 March 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

__ls_____  ___ra_____  __ao__  CONCUR WITH DETERMINATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR1999025273	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000622	
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.		
2.		
3.		
4.		
5.		
6.