MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:    

	BOARD DATE:  8 June 2000
	DOCKET NUMBER:   AR2000035882

	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	
	Mr. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Ms. Shirley Powell		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Ms. Lana E. McGlynn		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 records be corrected to show that he was promoted to master sergeant, E-8.  He provides letters of recommendation and appreciation, an Enlisted Efficiency Report and his DD Form 214, dated 30 June 1975.  He indicates that he was assigned to an E-8, MOS 75Z5H position in 1971 and served in E-8 positions until he retired and that he believes he should have been promoted to E-8.

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:

After serving for 13 years, 9 months and 3 days, he reenlisted in MOS 76Z (Supply Sergeant) as a sergeant first class, E-7.

Although he was recommended for promotion to pay grade E-8, there is no evidence that he was selected by the Department of the Army Promotion Selection Board for promotion to master sergeant.

On 30 June 1975, he was honorably separated in the rank of sergeant first class (E-7) and placed on the Retired List the following day.

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 30 June 1975, the date he was separated from active duty.  The time for the applicant to file a request for correction of any error or injustice expired on 30 June 1978.

The application is dated 12 January 2000 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

___sp___  ___ao__  ___lm___ CONCUR WITH DETERMINATION

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

INDEX

CASE ID	AR2000035882	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000608	
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         1.131	Promotion	
2.		
3.		
4.		
5.		
6.