MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:  16 November 2000
	DOCKET NUMBER:  AR2000047499

	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:

	Mr. Walter T. Morrison		Chairperson	
	Ms. Martha E. Schuler		Member	
	Mr. James E. Anderholm		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 general discharge (GD) under honorable conditions, be upgraded to honorable.  He states that he was young and quit school to go fight for his country, but after he was in the Army, they would call him names and throw stuff at him.  You couldn’t wear a uniform home.  He indicates he could not take the dishonor, so he left rather than be disgraced.

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 28 June 1972, he enlisted in the Army for 4 years.  He completed his required training and was awarded military occupational specialty 11D (Armor Crewman). He was advanced to pay grade E-2.

On 21 August 1973, he was convicted by a Special Court-Martial of being absent without leave (AWOL) for the period 8 April to 29 June 1973.  His sentence included a reduction to pay grade E-1, confinement at hard labor for 4 months and forfeiture of $100 pay for 4 months.

During the period 21 August to 3 October 1973, he was imprisoned.

On 1 October 1973, the applicant indicated he had been informed by legal counsel that the unit commander was contemplating action to recommend his separation for unsuitability under Army Regulation 635-200, chapter 13, based on apathy.  He acknowledged the commander’s contemplated action to accomplish his separation, and waived consideration of personal appearance before a board of officers.  He elected not to make a statement in his own behalf and he waived legal counsel.

On 1 October 1973, the unit commander submitted his request for the applicant’s separation.

On 3 October 1973, the appropriate separation authority approved his separation and directed he be furnished a GD Certificate.

On 4 October 1973, he was discharged, in pay grade E-1, with a GD, under the regulation mentioned above.  His separation document indicates he had            11 months and 3 days of creditable service and 124 days of lost time.

Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 3-7 provides that an honorable discharge is a separation with honor.  The honorable characterization is appropriate when the quality of the member'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 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 4 October 1973, the date the applicant was discharged.  The time for the applicant to file a request for correction of any error or injustice expired on 4 October 1976.

The application is dated 28 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

___wm___  __ms____  __ja____ CONCUR WITH DETERMINATION

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

INDEX

CASE ID	AR2000047499	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001116	
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	Ch13 UP	
2.		
3.		
4.		
5.		
6.