MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:            12 October 2000                  
	DOCKET NUMBER:    AR2000038051

	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. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. John D. Miller		Chairperson	
	Mr. John E. Denning		Member	
	Ms. Carol Jo 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:  That his records be corrected to show that he served in Southeast Asia, was a prisoner of war, has post traumatic stress syndrome, and that the Central Intelligence Agency attempted to kill him.  He also requests that he be issued the Medal of Honor, the Purple Heart, a 100% service connected disability, appointment to major general, and brought back on active duty with assignment in China or elsewhere.

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:

From 1972 until his medical retirement, the applicant served assignments in the US Army Reserve, the Army National Guard, and the Regular Army.  While enrolled in the Reserve Officer Training Corps program he was commissioned a 2nd lieutenant, his highest held rank. 

On 8 January 1979 a medical evaluation board referred him to a physical evaluation board (PEB) with a diagnosis of acute schizophrenic episode.

On 23 January 1979 a PEB found him physically unfit and recommended that he be placed on the temporary disability retired list (TDRL) effective 4 May 1979.

On 21 October 1980 following a TDRL reexamination, a formal PEB found him physically unfit by reason of schizophrenia, paranoid type.  On 17 November 1980 the Physical Disability Agency approved the recommendation.

On 31 January 1981 he was moved from the TDRL to the permanent retirement list with a 30 percent disability rating.  

On 17 October 1992 this Board denied the applicant’s request to be restored to active duty in the rank of captain, that he be promoted to the rank of major within 3 years, and that medical diagnosis which caused his medical retirement be corrected.

The applicant has provided no evidence to support the allegations and/or the corrections he requested.

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 January 1981, the date he was permanently retired.  The time for the applicant to file a request for correction of any error or injustice expired on 31 January 1984.

The application is dated 16 February 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

__jdm___  ___jed___  ___cjs __  CONCUR WITH DETERMINATION

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

INDEX

CASE ID	AR2000038051	
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	DENY	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.