MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:  8 March 2001
	DOCKET NUMBER:  AR2000050305

	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. Roger Able		Chairperson	
	Ms. Barbara J. Lutz		Member	
	Mr. William D. Powers		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, that his records be corrected to show that his E-5 Promotion Packet was updated to show evaluation of completion of the Primary Leadership Development Course (PLDC) and his 1990 Skill Qualification Test (SQT) and promotion to sergeant, pay grade E-5.  He states his packet was not properly updated and he was not promoted because of this, and he would have remained in the Army and would now be retiring.  He also states he has been trying to correct this error since 1990.  He provides a copy of a Witness Statement, which indicates he requested a reevaluation of his promotion packet and that it was forwarded in November 1990.  He provides copies of his performance counseling statements from August 1989 to January 1992, letters of appreciation and recommendation and various other certificates.

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 10 June 1980, the applicant enlisted in the Army.  He completed his required training and was awarded military occupational specialty 88M (Motor Transport Operator).  He was advanced to pay grade E-4 effective 1 October 1981.

On 17 July 1991, a Promotion Worksheet was authenticated by the applicant, which included evaluation of the PLDC.

On 24 October 1991, the applicant’s commander requested the Commander, Personnel Service Company (PSC) perform a retroactive reevaluation of his promotion packet.  This request contained a copy of the SQT results, which was not previously in the file.

On 5 November 1991, in response to the 24 October 1991 request, the Commander, PSC advised that the reevaluation performed in July 1991 would be effective 10 October 1991 and could not be changed.  The applicant authenticated this reevaluation.

On 29 January 1992, he voluntarily requested discharge under Army Regulation 635-200, the FY92 Enlisted Volunteer Early Transition Program, which was approved.

On 30 April 1992, he was honorably discharged, in pay grade E-4, under the above-cited regulation.  His separation document indicates he had 11 years,     10 months and 21 days of creditable service.  He received a special separation pay of $25,905.06.
On 1 May 1992, he enlisted in the Army Reserve Control Group (Reinforcement) for 3 years in pay grade E-4.

On 2 May 1995, he was honorably discharged from the Army Reserve Control Group (Reinforcement).

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 April 1992, 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 30 April 1995.

The application is dated 16 November 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

___ra__  ___bl_____  ___wp___  CONCUR WITH DETERMINATION

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

INDEX

CASE ID	AR2000050305	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010308	
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         1.131	E5 Prom Pkt	
2.		
3.		
4.		
5.		
6.