MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:            15 March 2001                  
	DOCKET NUMBER:   AR2000047100

	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. Gale J. Thomas		Analyst	

  The following members, a quorum, were present:

	Mr. Ernest M. Willcher		Chairperson	
	Mr. Richard T. Dunbar		Member	
	Mr. Thomas E. O’Shaughnessy		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, physical disability separation.  

The applicant states that he was disabled while in the Army and would like to receive a 10 point preference in order to get a job at a military base or to receive benefits.

He states that he completed two weeks of advanced individual training (AIT) and was a platoon leader.  It got so that he could not understand what people were saying to him, and he could not sleep.  He had no problem before he joined the Army.  He did well in basic training, was a private first class with an arm band showing that he was a platoon leader.  He was doing well.  Then something happened.  He suffered a breakdown.  He can’t hold a job.  He lives at his parent’s house.  He applied for benefits in 1985 but was turned down. 

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:

The applicant enlisted in the Army for four years on 21 October 1980 and was assigned to Fort Jackson, South Carolina for basic training.  He was advanced to the rank of Private First Class during his basic training.  He completed basic training and on 16 December 1980 started AIT.  

The applicant was discharged on 2 March 1981 at Fort Jackson under the provisions of Army Regulation 635-200, paragraph 5-7c(2), because he did not meet procurement medical fitness standards.  He had 4 months and 12 days of service.  His character of service was honorable.

Due to the passage of time the facts and circumstances concerning the applicant’s administrative discharge are not on file.  The Board presumes administrative regularity in the processing of the applicant’s discharge.  There is nothing in the available records or in anything submitted by the applicant to overcome that presumption.

Army Regulation 635-200, then in effect, provides for the discharge of enlisted soldiers.  Paragraph 5-7 states in pertinent part, that members who were not medically qualified under procurement medical fitness standards when accepted for initial enlistment will be discharged when medical proceedings, regardless of the date completed, establishes that a medical condition was identified by appropriate military medical authority within 4 months of the member's initial entrance on active duty which would have permanently disqualified him for entry into the military service had it been detected at that time, and which did not disqualify him for retention in the military 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 2 March 1981, the date of his discharge.  The time for the applicant to file a request for correction of any error or injustice expired on 2 March 1984.

The application is dated 24 August 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

__emw___  __rtd___  __teo____  CONCUR WITH DETERMINATION

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

INDEX

CASE ID	AR2000047100	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010315	
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.  108.00		
3.		
4.		
5.		
6.