MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:            27 September 2001                  
	DOCKET NUMBER:   AR2001060023

	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. Raymond V. O'Connor, Jr.		Chairperson	
	Mr. Eric N. Anderson		Member	
	Mr. Thomas E. O'Shaughnessy, 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 he was medically discharged.  He indicates he should have been given further evaluation and treatment for a service connected illness  - “schizophrenia”.  He indicates that in February 1969 he was not told he was he was sick; not further evaluated; not given medication; and not treated at a medical facility. He also indicates that he was unaware until August 1994 that his medical records indicate he suffered from schizophrenia for 26 years.  He also states that his medical records dated 1993 reference his medical records dated 1969 and indicate “are sufficient evidences of severe psychiatric disturbances to warrant further evaluation and treatment.”

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 military and medical records show:

On 31 July 1962, he enlisted in the Army.  He completed his required training and was awarded military occupational specialty 177 (Air Defense Artillery Missile Crewman).

During the period 25 May 1963 to 5 December 1965, he served in Germany and 23 September 1966 to 22 September 1967, he served in Vietnam. 

On 20 May 1969, he was honorably separated under Army Regulation 635-200, based on completion of his expiration term of service (ETS).  His separation document indicates he had 6 years, 9 months and 20 days of creditable service.

The separation physical examination at his ETS is not in the available records; however, an entrance physical examination for enlistment into the Army Reserve (USAR) on 20 March 1973 did not indicate any form of schizophrenia.  He was awarded a physical profile of 111111A.

On 12 March 1993, he was discharged from the USAR.

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 20 May 1969, 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 20 May 1972.

The application is dated 31 January 1995 (sic) and received on 11 July 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 the 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 the application within the three-year time limit.  

BOARD VOTE:

________  ________  ________ EXCUSE FAILURE TO TIMELY FILE

________  ________  ________ GRANT FORMAL HEARING

_teo           _rvo    _      ena___    CONCUR WITH DETERMINATION

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

INDEX

CASE ID	AR2001060023	
SUFFIX		
RECON		
DATE BOARDED	20010927	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	108	
2.		
3.		
4.		
5.		
6.