MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:           31 JULY 2001                   
	DOCKET NUMBER:   AR2001053949

	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. Gale J. Thomas		Analyst	

  The following members, a quorum, were present:

	Mr. Walter T. Morrison		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. John T. Meixell		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, promotion to the pay grade of E-8.  The applicant states, in effect,  that some of his credits of study were not posted to his records when he was considered for promotion to E-8.

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 29 March 1979, he reenlisted in the Regular Army in the pay grade of E-7, for a period of 6 years.

On 4 April 1986, the applicant received a Letter of Reprimand for driving while intoxicated.  This reprimand was filed in the applicant's Official Military Personnel File (OMPF).

On 31 July 1987, the applicant submitted a request for voluntary retirement.  His retirement request was approved, and on 31 January 1988, he was retired under the provisions of Army Regulation 635-200, chapter 12, for length of service.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) indicates he had a total of 20 years and 22 days of service.

The Senior (Centralized) Enlisted Army Promotion System began on 1 March 1969 for promotion to Master Sergeant (E-8).  The centralized promotion system which consisted of a Headquarters, Department of the Army Promotion Board, was designed to promote those individuals who after competing equally with their contemporaries were found to be the best qualified.  Historically, centralized boards convene annually to select a specified number of soldiers for promotion to the senior ranks.    

Army Regulation 600-200, chapters 7, in effect at the time, provided that selection by a Department of the Army board would be based on impartial consideration of all eligible soldiers in an announced zone of consideration.    The board was directed to select the best qualified soldier in each military occupational specialty (MOS).  

There is no evidence in the applicant's available records nor did he provide documentation to substantiate his claim that his educational information was incorrect at the time he was considered for promotion to E-8.

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 31 January 1988, the date of the applicant's retirement.  The time for the applicant to file a request for correction of any error or injustice expired on 31 January 1991.

The application is dated 23 February 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.  Prior to reaching this determination the Board looked at the applicant's entire file.  It was only after all aspects of his case had been considered and it had been concluded that there was no basis to recommend a correction of his record that the Board considered the statute of limitations.  Had the Board determined that an error or injustice existed it would have recommended relief in spite of the applicant's failure to submit his application within the three-year time limit.

BOARD VOTE:

________  ________  ________  EXCUSE FAILURE TO TIMELY FILE

________  ________  ________  GRANT FORMAL HEARING

__WTM _  __AAO  _  __JTM  __  CONCUR WITH DETERMINATION

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

INDEX

CASE ID	AR2001053949	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010731	
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.	131.00	
2.		
3.		
4.		
5.		
6.