MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:  24 October 2000
	DOCKET NUMBER:  AR2000042264

	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. Margaret Patterson		Chairperson	
	Mr. John T. Meixell		Member	
	Mr. Edwin S. Castle		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 sergeant first class (SFC).   He provided a portion of his records in support of his application.

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 were not available. Information herein was obtained from reconstructed personnel records.

On 13 July 1972, the applicant enlisted in the Army.  He completed his required training and was awarded military occupational specialty 64C (Heavy Vehicle Operator).  He attained the rank of staff sergeant on 9 November 1980.

On 20 January 1989, he was denied reenlistment by the Department of the Army, based on his lack of physical fitness and military bearing on his Noncommissioned Officer Evaluation Reports for the periods March to December 1987 and February to May 1988.  A Department of the Army Standby Advisory Board approved his appeal of the reenlistment denial.

Records show the 1989 SFC Promotion Selection Board did not select him for promotion.

On 3 April 1990, he was notified that he was considered under the 1989 selection criteria, but not selected for promotion by the 1990 SFC Standby Promotion Selection Board, which adjurned on 23 February 1990.

On 10 April 1992, the Chief, Management Support Division, Total Army Personnel Command advised a Member of Congress that the applicant’s difficulty in receiving what he feels is fair promotion consideration is because he mailed his request for standby board consideration to the wrong place. 

On 17 June 1992, he was notified that he was considered under the 1989 selection criteria, but not selected for promotion by the 1992 SFC Standby Promotion Selection Board, which adjourned on 22 May 1992.

On 31 July 1992, he was honorably separated and transferred to the Retired Reserve the following day.  His records indicate he had 20 years and 18 days 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 July 1992, the date he was honorably separated for retirement.  The time for the applicant to file a request for correction of any error or injustice expired on 31 July 1995.

The initial application is dated 17 October 1999 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

___mp__  ___jm__  ___ec_____ CONCUR WITH DETERMINATION

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

INDEX

CASE ID	AR2000042264	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001024	
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 E7	
2.		
3.		
4.		
5.		
6.