MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:  8 February 2001
	DOCKET NUMBER:  AR2000047282

	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. Joann Langston		Chairperson	
	Mr. Donald P. Hupman		Member	
	Mr. George D. Paxson		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 his former rank and pay grade on his separation document.  He contends that his prior history of indisciplines be expunged because he was diagnosed as having paranoid schizophrenia.

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 3 September 1970, he enlisted in the Army.  He completed his required training and was awarded military occupational specialty 64A (Light Vehicle Driver).  

During the period 8 February 1971 to 16 June 1973, he served in Germany.

On 7 July 1971, he was advanced to pay grade E-4.

On 19 July 1972, he accepted nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice (UCMJ) for disobeying a lawful command from his superior commissioned officer to forfeit his pass and to sign in to the orderly room on 13 July 1972.  His punishment included a reduction to pay grade E-3, forfeiture of $60 pay per month for one month, extra duty and restriction.

On 20 February 1973, he accepted NJP for being absent without leave (AWOL) from 29 to 31 January 1973, with intent to avoid a battalion alert.  Also, on         14 February 1973, he failed to go to his appointed place of duty, CQ Runner.  His punishment included a reduction to pay grade E-2 and forfeiture of $25 pay per month for one month.

On 17 June 1973, a narrative summary shows a diagnosis of schizophrenia, paranoid type and recommends presentation to a Physical Evaluation Board (PEB).

On 10 August 1973, he accepted NJP for being AWOL from 25 to 30 July 1973.  His punishment included a forfeiture of $40 pay.

On 13 August 1973, Medical Evaluation Board proceedings show he was medically unfit for further service based on a diagnosis of schizophrenia, paranoid type and sebaceous cyst, treated, and removed.  It was recommended that his case be presented to a PEB.  He concurred effective 17 August 1973.

On 20 August 1973, PEB proceedings diagnosed him as having schizophrenic reaction, paranoid type and recommended he be placed on the TDRL,              30 percent disabling.  On 21 August 1973, he concurred and waived a formal hearing of his case.

On 14 September 1973, he was separated, in pay grade E-2, and placed on the temporary disabled retired list, based on paranoid schizophrenia.  His separation document indicates he had 3 years and 12 days of creditable service.  

On 15 February 1977, PEB proceedings diagnosed him as having chronic paranoid schizophrenia and found him physically unfit for further service and recommended his permanent retirement, 30 percent disabling.  On 22 February 1977, he concurred and waived a formal hearing.

On 31 March 1977, he was placed on the permanent disability retired list at       30 percent disabled.

On 26 February 1998, a Department of Veterans Affairs decision letter changed his percentage of disability from 50 to 70, effective 1 October 1997.

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 14 September 1973, the date he was separated from active duty.  The time for the applicant to file a request for correction of any error or injustice expired on 14 September 1976.

The application is dated 1 September 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

__jl_____  __dh____  __gp_____ CONCUR WITH DETERMINATION

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

INDEX

CASE ID	AR2000047282	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010208	
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         1.110	Reinstate grade	
2.		
3.		
4.		
5.		
6.