RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 17 April 2007 DOCKET NUMBER: AR20060012600 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The Board considered the following evidence: Exhibit A - Application for correction of military records. Exhibit B - Military Personnel Records (including advisory opinion, if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests that her military records be cleansed of any reference to larceny of Government funds and false swearing. 2. The applicant states she has no memory of such a thing and never stole from the Government. She states while applying for a new teaching position a fingerprint check revealed this derogatory information. 3. The applicant provides no additional information. CONSIDERATION OF EVIDENCE: 1. The applicant is requesting correction of an alleged error or injustice which occurred on 30 April 1991. The application submitted in this case is dated 28 August 2006. 2. 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. This provision of law allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitations if the ABCMR determines that it would be in the interest of justice to do so. In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file. 3. The applicant served in the Regular Army from 15 January 1988 to 30 April 1991. She served in Military Occupational Specialty (MOS) 72G, Telecommunications Center Operator. 4. On 27 April 1989, the applicant accepted nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice, for stealing, on or about 1 April 1989, approximately $150.00 US currency, the property of the United States Government and for unlawfully making under oath a false statement. Punishment imposed included reduction from Private First Class to Private (E-2), forfeiture of $175.00 pay per month for 1 month, and 14 days of extra duty. She did not appeal her punishment. DISCUSSION AND CONCLUSIONS: 1. The applicant's contention that she never stole money belonging to the US Government or made any false official statement is not persuasive. The record clearly shows that she was confronted for stealing $150.00 in US Government funds and for making under lawful oath a false statement. She accepted NJP for this offense and was punished accordingly. She did not appeal the imposed punishment. 2. In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement. 3. Records show the applicant should have discovered the alleged error or injustice now under consideration on 30 April 1991; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 29 April 1994. The applicant did not file within the 3-year statute of limitations and has not provided a compelling explanation or evidence to show that it would be in the interest of justice to excuse failure to timely file in this case. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING __JTM___ __TMR___ __RMN___ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 2. As a result, the Board further determined that there is no evidence provided which shows that it would be in the interest of justice to excuse the applicant's failure to timely file this application within the 3-year statute of limitations prescribed by law. Therefore, there is insufficient basis to waive the statute of limitations for timely filing or for correction of the records of the individual concerned. John T. Meixell ______________________ CHAIRPERSON INDEX CASE ID AR20060012600 SUFFIX RECON DATE BOARDED 20070417 TYPE OF DISCHARGE DATE OF DISCHARGE DISCHARGE AUTHORITY DISCHARGE REASON BOARD DECISION DENY REVIEW AUTHORITY ISSUES 1. 134.0200 2. 3. 4. 5. 6.