MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:            26 October 2000                  
	DOCKET NUMBER:   AR2000040179

	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	
	Ms. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Ms. Melinda M. Darby		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. William D. Powers		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 DA Form 2-1 (Personnel Qualification Record) be corrected to reflect that he was assigned “with special weapons” under a Staff Sergeant Stephenson and Captain Grand.  He also asks that his court-martial “should reveal the truth about why some of the personnel of C Company…and others went AWOL” and that his 88 days of lost time should not include the time he was a “trainee” at the U.S. Army Retraining Brigade at Fort Riley, Kansas.  He submits only a self-authored statement in his support.

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:

He enlisted and entered active duty on 14 May 1980.  Upon successful completion of basic and advanced individual training he was assigned to Fort Carson, Colorado as a cannon crewmen.

In June 1981 the applicant was convicted by a special court-martial, in consonant with his plea, of being absent without leave (AWOL) between 12 and 15 April 1981 and again from 21 April through 18 May 1981 (although his period of AWOL actually continued until 25 May 1981).  His punishment included forfeiture and confinement.  He entered confinement on 17 June 1981 at Fort Carson, Colorado and was released on 5 August 1981 when he was transferred to the U.S. Army Retraining Brigade at Fort Riley.  In September 1981 he was reassigned to Fort Polk, Louisiana.  His time at Fort Riley was not computed as lost time.  Had the time at Fort Riley been included his total lost time would have exceeded 100 days.

While assigned to Fort Polk, according to information contained on his DA Form 2-1, the applicant performed duties as a cannoneer and vehicle driver with C Battery, 3/21st Field Artillery.

On 9 August 1983 the applicant was honorably discharged from active duty.

Army Regulation 640-2-1 establishes the policies and provisions for the maintenance of Army military personnel files.  The DA Form 2-1, used during the former servicemember’s period of military service, which replaced the DA Form 20 (enlisted qualification record), were management tools used by military commanders and personnel manager to effectively manage a soldier’s career.  The forms are not intended to be a historical record of a soldier’s career nor intended for use outside, or beyond, an individual’s military service.  Correcting unclear information or adding entries years after the fact serves no useful military purpose and as such the Board contends that the lack of information, or unclear information on the form does not indicate or create an error or injustice in an individual’s records.

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 9 August 1983, the date the applicant was released from active duty.  The time for the applicant to file a request for correction of any error or injustice expired on 9 August 1986.

The application is dated 17 March 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

__mmd___  ___aao__  ____wdp_  CONCUR WITH DETERMINATION

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

INDEX

CASE ID	AR2000040179	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001026	
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.	142.00	
2.		
3.		
4.		
5.		
6.