APPLICANT REQUESTS:  That his military records be corrected to show that he was enlisted for duty on 26 December 1940 from the Philippine Islands.  He has provided a written request which states, in effect, he was recruited and tested for his physical ability for entering the service on 
26 December 1940, but that he was hospitalized for removal of a boil, and was not given credit for enlisting until 
16 February 1941 which is an injustice and error.  He has provided copies of his DD Form 214’s, a letter to the National Personnel Records Center, dated 29 January 1996, requesting an authenticated copy of his reconstructed records, and his discharge orders, dated 12 December 1945, 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 were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was provided by the applicant.  These records show:

He enlisted in the Army on 16 February 1941 at Fort William McKinley, Philippine Islands, and was honorably discharged on 15 March 1945.

He was again enlisted on 17 March 1945.  He was honorably discharged on 7 January 1946 based on demobilization.

There is no record to show he was recruited and enlisted prior to 16 February 1941.

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
7 January 1946, the date of discharge.  Since the Correction Board was established on 2 January 1947, the time for the applicant to file a request for correction of any error or injustice expired on 2 January 1950.

The application is dated 6 March 1997 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.

BOARD VOTE:

                      EXCUSE FAILURE TO TIMELY FILE

                      GRANT FORMAL HEARING

                      CONCUR WITH DETERMINATION




		Karl F. Schneider
		Acting Director