MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           06 NOVEMBER 2001
	DOCKET NUMBER:   AR2001060034

	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:

	Ms. Deborah Jacobs		Chairperson	
	Mr. Elzey J. Arledge, Jr.		Member	
	Mr. Donald P. Hupman, 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:  In effect, disability separation.  The applicant states that he was never told the difference between an honorable and a medical discharge, and was told to take the honorable instead of the medical.

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:

The applicant was inducted into the Army of the United States on 16 August 1966 for a period of 2 years.

On 30 August 1966, the applicant was given a permanent profile for Keratoconus (a cone-shaped deformity of the cornea) bilateral.  The physician recommended the immediate suspension of military training pending his separation from the service.   

On 30 August 1966, the applicant requested discharge from the service under the provisions of Army Regulation 635-200, paragraph 3a(6), because he felt at the time of his induction he did not meet the medical fitness standards.

On 6 September 1966, a medical examination found the applicant unqualified for induction.

On 9 September 1966, a Medical Board determined that the applicant suffered from Keratoconus, bilateral, which existed prior to service (EPTS) and recommended that he be separated from military service.  The findings and recommendation of the Medical Board were approved on 9 September 1966.

On 20 September 1966, the applicant was honorably discharged under the provisions of Army Regulation 600-200, paragraph 5-9, for failure to meet medical fitness standards at the time of induction.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) indicates he had 
1 month and 5 days of creditable service.

Army Regulation 635-200 sets forth the basic authority for separation of enlisted personnel from active duty.  Paragraph 5-9, in effect at the time, provided for the separation of those individuals who were not qualified under procurement medical standards, who manifested symptoms of medical problems that would have made them not qualified under procurement medical standards or who became not qualified prior to entry.
The applicant was appropriately separated under the provisions of the above cited regulation.  It was determined that he did not meet procurement standards for induction.  

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 September 1966, the date the applicant was discharged.  The time for the applicant to file a request for correction of any error or injustice expired on 20 September 1969.

The application is dated 31 May 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

__DJ __     __EJA __  ___DPH     CONCUR WITH DETERMINATION

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

INDEX

CASE ID	AR2001060034	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20011106	
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.	142.00	
2.		
3.		
4.		
5.		
6.