MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:            7 December 2000                  
	DOCKET NUMBER:   AR2000044464

	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. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor		Chairperson	
	Mr. John P. Infante		Member	
	Mr. Ernest W. Lutz		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 her records be corrected to show that she entered on active duty on 15 February 1979 in lieu of 15 February 1980.

She states that the year of her entry is incorrect, in that it should be 1979 and not 1980. 

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:

On 4 December 1979 the applicant underwent a physical examination at the Armed Forces Entrance and Examining Station (AFEES) in Cleveland, Ohio, for the purpose of enlistment in the Army.  She was determined to be physically fit for enlistment.

On 6 December 1979 the applicant enlisted in the Army Reserve delayed entry program for 6 years in pay grade E-1.  She was discharged from that program upon her enlistment in the Regular Army for 4 years on 15 February 1980, as reflected by her enlistment contract, DD Form 4/4.  Orders were published on    15 February 1980 transferring the applicant to the Army Reception Station at Fort Jackson, South Carolina. 

The applicant’s personnel qualification record shows that she was in the delayed entry program from 6 December 1979 through 14 February 1980, and that she entered on active duty on 15 February 1980.

The applicant was discharged under other than honorable conditions under the provisions of Army Regulation 635-200, chapter 10, on 30 August 1982.  She had 8 months and 27 days of service and 1 year, 9 months, and 18 days of lost time. 

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 30 August 1982, the date of her discharge.  The time for the applicant to file a request for correction of any error or injustice expired on 30 August 1985.

The application is dated 14 June 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

___jpl___  ___ewl___  ___rvo__  CONCUR WITH DETERMINATION

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

INDEX

CASE ID	AR2000044464	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001207	
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.  3	142.00	
2.	110.00	
3.		
4.		
5.		
6.