MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:            14 September 2000 
	DOCKET NUMBER:   AR2000045406

	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:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Ms. Margaret K. Patterson		Member	
	Mr. Elzey J. Arledge, Jr.		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 dishonorable discharge be upgraded so that he can be “given the rights most GI’s have.”  He notes that he has medical conditions, including a heart condition and diabetes, and is only receiving $600.00 per month from Social Security.  He states that he served for 
2 years and 3 months in the Army and does not believe he deserved a dishonorable discharge.  He notes that the Army was aware of his problems and the reasons he “kept going AWOL….”  He states that he lost his wife and first born and that due to the “negligence of my officers while in the stockade” his pleas for help went unanswered.  He indicates that he was so ill after his appendix ruptured that he was sent to a civilian hospital and almost died.  He states he was inducted into the Army with a hearing loss that was only made worse “due to artillery.”  He states that he had TB and was institutionalized.  He submits no evidence 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 military records were apparently lost or destroyed during the 1973 fire at the National Personnel Records Center.  Information contained herein was reconstructed from information contained on his DD Form 214 (Report of Separation from the Armed Forces of the United States) and in his court-martial record.

The applicant enlisted for a period of three years and entered active duty on 
18 July 1949.  He was 19 years old at the time.  He completed basic training in October 1949 but was “held over to repeat his basic training on recommendation of a Classification Board.”

On 2 June 1950 he departed Absent Without Leave (AWOL) and was apprehended by civilian authorities on 18 July 1950.  Following his release from confinement on 6 August 1950 he again departed AWOL.  Federal authorities apprehended him on 3 February 1951.

The applicant was convicted by a general court-martial on 2 April 1951 of two counts of desertion.  His sentence included two years confinement, total forfeiture and a dishonorable discharge, which was suspended until completion of his confinement period.

His dishonorable discharge was executed on 23 September 1952.  At the time of his discharge he had completed only 10 months and 21 days of creditable service and had more than 600 days of lost time.

Army Regulation 635-200 also states that an honorable discharge is a separation with honor.  The honorable characterization is appropriate when the quality of the soldier’s service generally has met the standards of acceptable conduct and performance of duty for Army personnel, or is otherwise so meritorious that any other characterization would be clearly inappropriate.

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 September 1952, the date the applicant was discharged and authenticated his DD Form 214.  The time for the applicant to file a request for correction of any error or injustice expired on 23 September 1955.

The application is dated 20 January 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

___rvo__  ___mkp__  ___eja__  CONCUR WITH DETERMINATION

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

INDEX

CASE ID	AR2000045406	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000914	
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.