MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:  12 October 2000
	DOCKET NUMBER:  AR2000036838

	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:

	Mr. John D. Miller		Chairperson	
	Mr. John E. Denning		Member	
	Ms. Carol J. Suiter		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: In effect, that his records show that he was reinstated into the Texas Army National Guard (TXARNG) effective 20 February 1968.  He contends that he was declared excess because of an overstrength, which disrupted his career.

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:

On 22 June 1945, the applicant was inducted into the Army of the United States. He completed his required training and was awarded military occupational specialty 063 (Crane Operator).  He was advanced to technician fourth class effective 20 June 1946.  On 29 November 1946, he was honorably separated.

On 29 February 1968, paragraph 10, special order 44, TXARNG Adjutant General honorably released the applicant based on his resignation which was based on an incompatible occupation, with an effective date of 19 February 1968.  He was transferred to the Army Reserve.

On 12 April 1968, he was issued a letter of Notification of Eligibility for Retired Pay at Age 60.

Effective 16 July 1968, he was discharged from the Reserve based on resignation in lieu of elimination.

He was placed on the AUS Retired List effective 3 October 1986 based on attainment of age 60.

In the absence of evidence to the contrary, a presumption of regularity applies that the records of the individual concerned are correct.

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 19 February 1968, the date he was released from the TXARNG.  The time for the applicant to file a request for correction of any error or injustice expired on 19 February 1971.
The application is dated 23 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

__jm____  ___jd___  ___cs_____ CONCUR WITH DETERMINATION

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

INDEX

CASE ID	AR2000036838	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001012	
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         1.100	Excess	
2.		
3.		
4.		
5.		
6.