MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:  19 December 2000
	DOCKET NUMBER:  AR2000038116

	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. James P. Huber		Chairperson	
	Mr. Kenneth L. Wright		Member	
	Mr. Raymond J. Wagner		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 he be compensated for the difference in his enlistment grade (E-1) and the grade he feels he should have been given at the time of enlistment (E-3).  Further, he requests advancement to pay grade E-4 a few months later with the presumption he remained in pay grade E-4 for the rest of his enlistment.  He states he is due back pay.  He submits a statement in support of his request.

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 available military records show:

During the period 2 November 1977 to 3 November 1980, he served in the Army National Guard (ARNG) and was advanced to pay grade E-4 effective 17 May 1980.

During the period 4 November 1980 to 6 January 1981, he served in the Army Reserve in pay grade E-1.

During the period 7 January 1981 to 31 December 1984, he served in the Regular Army and was advanced to pay grade E-4 effective 15 March 1984.  His enlistment contract was for 4 years, unit of choice and a $4,000 enlistment bonus.

During the period 26 January 1983 to 30 December 1984, he served in a unit in Germany.

During the period 15 January 1993 to 14 January 1994, he served in the Iowa ARNG, in the Try One Program.  He did not further enlist.

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 31 December 1984, the date he was discharged from his second tour with the ARNG.  The time for the applicant to file a request for correction of any error or injustice expired on 31 December 1987.

The application is dated 18 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

__jh___  ___kw___  ___rw_____ CONCUR WITH DETERMINATION

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

INDEX

CASE ID	AR2000038116	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001219	
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         1.131	Prom to E-3 upon enl	
2.		
3.		
4.		
5.		
6.