MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           27 February 2001                  
	DOCKET NUMBER:   AR2000049266

	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. John N. Slone		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. Roger W. Able		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 by restoring him to pay grade E-5.  He states, in effect, that he earned his "E-5 Combat stripe" while in Vietnam and contends that when he returned to the United States he just "wanted to go home and be left alone."  He notes that for him the war was over "physically but not mentally" and he had trouble.  He states that he has received compensation from the VA for PTSD (Post Traumatic Stress Disorder) and believes he was suffering from that condition at the time he returned from Vietnam.  He states that he has been "living in denial for years, not able to take commands from any authority."  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 show:

He entered active duty on 6 September 1966 and was promoted to pay grade 
E-2 in January 1967.  In March 1967 he was punished under Article 15 of the Uniform Code of Military Justice (UCMJ) for 16 days of AWOL (absent without leave).  Although his punishment included reduction to pay grade E-1, there is no indication the reduction was ever accomplished.

He arrived in Vietnam in April 1967 and on 25 April 1967 was promoted to pay grade E-3.  By January 1968 the applicant had been promoted to pay grade E-5.

In April 1968 the applicant returned to the United States and was assigned to Fort Ord, California.  Orders published by the "Experimentation Battalion (Infantry)" at Fort Ord on 14 August 1968 indicate the applicant was reduced to pay grade E-4 as a result of punishment under Article 15 of the UCMJ for misconduct.  A copy of the UCMJ action was not in available records.

On 5 September 1968 the applicant was honorably discharged in pay grade E-4.

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 5 September 1968, the date the applicant was released from active duty and authenticated his separation document.  The time for the applicant to file a request for correction of any error or injustice expired on 5 September 1971.

The application is dated 16 October 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

___rwa___  ___mhm_  ___jns__  CONCUR WITH DETERMINATION

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

INDEX

CASE ID	AR2000049266	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010227	
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.  322	142.00	
2.		
3.		
4.		
5.		
6.