MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  26 October 2000
	DOCKET NUMBER:  AR2000040373

	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:

	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: That his records be corrected to show he was promoted to the rank of first sergeant (1SG).  He indicates he never thought about it until a member of [his former] unit visited and asked why he was not retired as a 1SG.

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:

During the period 29 January 1947 to 7 December 1977, he served in the US Naval Reserve, the US Marine Corps Reserve, the US Air Force Reserve and the Virginia Army National Guard, with some breaks in service between services.

On 8 December 1977, he enlisted in the Army Reserve, in the rank of staff sergeant.  He was promoted to sergeant first class (SFC) on 12 March 1980.

During the period 1 January to 31 May 1987, he served in a 1SG position in the 299th Engineer Company, Fort Belvoir, Virginia, while holding the rank of SFC.

On 1 June 1987, he was transferred to the 343rd Engineer Company to the position of Survey Supervisor.  This position required an SFC.

On 23 January 1989, he was honorably discharged and transferred to the Retired Reserve in the rank of SFC.

He was not recommended for or promoted to the rank of 1SG.

Retirement grades are based on the highest grade satisfactorily held.

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 23 January 1989, the date he was discharged from the Army Reserve.  The time for the applicant to file a request for correction of any error or injustice expired on 23 January 1992.

The application is dated 27 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

___md___  ___ao___  ___wp____ CONCUR WITH DETERMINATION

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

INDEX

CASE ID	AR2000040373	
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	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.131	Promotion to 1SG	
2.		
3.		
4.		
5.		
6.