MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  11 January 2001
	DOCKET NUMBER:  AR2000048037

	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. Ermest M. Willcher		Chairperson	
	Ms. Ann M. Campbell		Member	
	Mr. Donald P. Hupman, 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: That his records be corrected to show a different unit designation.  He indicates the unit shown on his WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge), dated 30 August 1945 is incorrect.

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 lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from alternate sources, provided by the applicant.

On 11 June 1942, the applicant was inducted into the Army.  He completed his required training and was awarded military occupational specialty 7607 (Mortar Gunner).

On 29 April 1943, he departed for the European-African-Middle Eastern (EAME) Theater of Operations and arrived on 10 May 1943.  His departure date is not available; however, he arrived back in the United States on 25 August 1945       (2 years, 3 months and 27 days).

On 30 August 1945, he was honorably discharged under Army Regulation 615-365, for the convenience of the Government.  His separation document indicates he had 4 years, 2 months and 16 days of creditable service (sic) and 3 days lost time.  His service should have been shown as 3 years, 2 months and 17 days of creditable service.  His available records show his organization as Headquarters, 507th Parachute Infantry.

On 29 August 2000, the applicant requested from the National Records Personnel Center issuance of the medals that were noted on his discharge, while serving in the 507th Parachute Infantry. 

In the absence of evidence to the contrary, a presumption of regularity applies that the records of the individual concerned are correct.

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 1945, the date the applicant was relieved from active duty.  Since the Correction Board was established on           2 January 1947, the time for the applicant to file a request for correction of any error or injustice expired on 2 January 1950.

The application is dated 29 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

__ew___  __ac____  ___dh_____ CONCUR WITH DETERMINATION

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

INDEX

CASE ID	AR2000048037	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010111	
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         1.100	Unit of assignment	
2.		
3.		
4.		
5.		
6.