MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:    

	BOARD DATE:  24 May 2000
	DOCKET NUMBER:   AR2000037609

	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 M. Slone		Chairperson	
	Ms. Meta Waller		Member	
	Mr. Mark D. Manning		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 pay grade E-8.  He states, in effect, that he was placed on a local promotion list to pay grade E-8 prior to E-8 promotions being consolidated at the Department of the Army level, but his standing list results were not properly transferred, causing him to not be considered for promotion.

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 1 December 1975, he enlisted in the Army, was trained in MOS 510 (Construction Helper), and continued through subsequent reenlistments until his separation and retirement.

The applicant’s name appeared on an undated Recommended List for Promotion of Enlisted Personnel to E-8 by Headquarters, US Army Support Command, Saigon, APO US Forces 96491.  His MOS was listed as 11G (Infantry First Sergeant).  At that time, he was serving in MOS 76W (Petroleum Storage Specialist).

On 25 September 1973, the applicant requested an investigation to determine why he was not selected and placed on a promotion standing list.  On 31 October 1973, in a letter to the Commander, US Army Training Center, Infantry and Fort Polk, Fort Polk, Louisiana, the Commander, US Army Military Personnel Center, advised that the applicant was considered, but not recommended for promotion by Promotion Selection Boards which adjourned on 20 February 1969, 2 July 1970, 5 April 1972 and 26 October 1972.  A copy of this letter was provided to the applicant.

On 31 May 1975, the applicant was honorably separated in pay grade E-7 and placed on the Retired List, effective 1 June 1975.  His DD Form 214 indicates he had 20 years and 6 months of creditable service.

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 31 May 1975, the date he was honorably separated from active duty.  The time for the applicant to file a request for correction of any error or injustice expired on 31 May 1978.

The application is dated 24 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

__JS___  __MW____  __MM___ CONCUR WITH DETERMINATION

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

INDEX

CASE ID	AR2000037609	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000524	
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 to E-8	
2.		
3.		
4.		
5.		
6.