MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           05 FEBRUARY 2002
	DOCKET NUMBER:   AR2001064742

	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. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Ms. June Hajjar 		Chairperson	
	Ms. Karol A. Kennedy		Member	
	Mr. Roger W. Able		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 item 16 on 1982 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect that he is a high school graduate or equivalent.  He states that he completed "required courses & testing while in the US Army" at Fort Belvoir, Virginia.  He submits no evidence in support of his request.

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:

He entered active duty on 24 October 1979.  His enlistment document indicates he had completed only 2 years of high school at the time of his enlistment.  His military personnel records note that he completed a bridge specialist course and a 1 week language headstart course while on active duty, but there is no indication that he was ever awarded a high school general education diploma (GED).

In January 1981 the applicant was assigned to Fort Belvoir.  His DA Form 2 (Automated Personnel Qualification Record), which was prepared in July 1982, shows the applicant's civilian education level as 2 years of high school.

On 22 October 1982 the applicant was released from active duty and transferred to the U.S. Army Reserve.  Item 16 (high school graduate or equivalent) on his DD Form 214, which he authenticated, reflects "no."

There is no evidence, and the applicant has not provided any, which confirms that he completed requirements for a high school diploma while on active duty and as such there is no basis to correct the information contained in item 16 of his 1982 DD Form 214.

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 22 October 1982, the date he was released from active duty and authenticated his separation document.  The time for the applicant to file a request for correction of any error or injustice expired on
22 October 1985.

The application is dated 3 September 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

___JH  __  __KAK__  __RWA__  CONCUR WITH DETERMINATION

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

INDEX

CASE ID	AR2001064742	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020205	
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.