MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:            10 April 2001                  
	DOCKET NUMBER:   AR2001052239

	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. Sherri V. Ward 		Chairperson	
	Mr. George D. Paxson		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 the narrative reason for his separation be changed to “unqualified resignation” vice “misconduct, moral or professional dereliction” on his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 24 August 1983.  He alleges to have submitted three requests for unqualified resignation, and while two were lost, the third was written while he was drunk.  He indicates he is a recovering alcoholic and will celebrate his 14th year of sobriety on 13 February 2001. 

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 available records show:

On 19 May 1981, he was commissioned and entered active duty as a second lieutenant.

On 27 November 1982, he was promoted to first lieutenant.

On 10 May 1983, a DA Form 268 (Report for Suspension of Favorable Personnel Actions) was approved based on the applicant pending elimination under chapter 5, Army Regulation 635-100.

On 6 July 1983, a DA Form 268 was approved due to the officer being entered into the Army Weight Control Program on 30 June 1983.

On 3 August 1983, Military Personnel Center message P031515ZAUG83 approved his request for resignation in lieu of elimination.  The message directed that he receive an honorable discharge and that his separation document would cite this message and Army Regulation 635-120 (Misconduct, moral or professional dereliction).

On 19 August 1983, the applicant indicated he did not desire a separation medical examination.

On 24 August 1983, the applicant was honorably discharged under the above- cited regulation.  His separation document indicates he had 2 years, 3 months and 6 days of creditable service.

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

There is no evidence that the applicant applied to the Army Discharge Review Board for upgrade of his discharge within its 15-year statute of limitations.

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 24 August 1983, the date he was discharged.  The time for the applicant to file a request for correction of any error or injustice expired on 24 August 1986.

The application is dated 8 January 2001 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

_jea____  _svw____  _gdp__       CONCUR WITH DETERMINATION

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

INDEX

CASE ID	AR2001052239	
SUFFIX		
RECON		
DATE BOARDED	20010410	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.200	
2.		
3.		
4.		
5.		
6.