MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           16 JULY 2002                   
	DOCKET NUMBER:   AR2002071107

	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:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Melvin H. Meyer		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, that his records be corrected to show that he was separated in pay grade E-3.  He states, in effect, that he "was a P.F.C." when he was separated from the Army and that Korea was "still a combat zone" while he was there.  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 19 December 1972.  In July 1973, following completion of training, the applicant was assigned to a Maintenance Company in Korea.  On 24 April 1974 he was promoted to pay grade E-3.  Orders issued by the 227th Maintenance Battalion confirmed the promotion.

On 20 May 1974, however, the applicant was reduced to pay grade E-2 as a result of punishment under Article 15 of the UCMJ (Uniform Code of Military Justice).  The applicant's record does not contain a copy of the UCMJ action.  However, his record does contain a copy of orders, issued by the 227th Maintenance Battalion, confirming the applicant was reduced as a result of misconduct.

The applicant returned to the United States in July 1974.  He was awarded an Armed Forces Expeditionary Medal as a result of his service in Korea.  He was released from active duty on 12 July 1974.  His separation document reflects his 1-year of duty in Korea and the Armed Forces Expeditionary Medal.  The document also indicates he was separated in pay grade E-2 and correctly reflects his date of rank as 20 May 1974.

The Armed Forces Expeditionary Medal was authorized for service in Korea between 1 October 1966 and 30 June 1974.  The medal was authorized by executive order in recognition of the United States' operations of assistance for a friendly foreign nation, in this case Korea.  No additional annotation concerning the applicant's service in Korea is necessary.

There is no evidence, and the applicant has not provided any, that his separation document or records contain any error regarding his separation grade or his service in Korea.

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 12 July 1974, the date the applicant 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 12 July 1977.

The application is dated 21 March 2002 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

__FNE__  __MHM__  __DPH__  CONCUR WITH DETERMINATION

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

INDEX

CASE ID	AR2002071107	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020716	
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.	110.00	
2.		
3.		
4.		
5.		
6.