MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:  7 June 2000
	DOCKET NUMBER:  AR1999031524

	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	
	Mr. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret Patterson		Chairperson	
	Mr. James P. Stueve		Member	
	Mr. Edwin S. Castle		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 he be allowed to enroll and complete his officer advance course (OAC) and be reconsidered for promotion.  He alleges he did not have the opportunity, and thus was discharged.  He further contends that the record is unjust because he was physically unable to attend the advance course in Fort Benjamin Harrison because of his personal business responsibilities.  He indicates that he did not take a vacation in 10 years, which is why he sold his business.  He provides a detailed copy of his resume; a copy of his DD Form 214, dated 18 August 1985; and his discharge certificate dated 4 September 1995.  Also, a copy of his Officer Record Brief, dated May 1985; college transcripts; numerous military and civilian training certificates; a Personnel Qualification Record, dated 12 October 1976 (enlisted service); and copies of his 1991,1992, and 1993 income tax returns.

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:

During the period 16 January 1973 to 10 January 1977, he served in the Regular Army as an enlisted man.

On 19 August 1982, he entered active duty as an Army Reserve second lieutenant, Adjutant General Corps, with a 3-year active service obligation.  He completed his required training and was awarded MOS 42A (Administrative and Personnel Systems Management).  On 19 February 1984, he was promoted to first lieutenant.

On 15 October 1984, the Commander, Total Army Personnel Command denied his request for extension of his service.

On 18 August 1985, he was honorably released from active service, based on the expiration of his term of service and reassigned to an Army Reserve Troop Program Unit (TPU) for completion of his service obligation.  His DD Form 214 indicates he had 3 years of creditable service.

On 10 December 1987, at his request, the applicant was transferred from his TPU to USAR Control Group (Reinf), ARPERCEN, St. Louis, Missouri 63132-5260.

There is no evidence in the available records to show completion of an OAC, a requirement for promotion to major.

He was not qualified and not selected for promotion to major, and he was honorably discharged from the Army Reserve on 4 September 1995.

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 4 September 1995, the date he was discharged from the Army Reserve.  The time for the applicant to file a request for correction of any error or injustice expired on 4 September 1998.

The application is dated 10 September 1999 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

__mp____  __js___  ___ec__ CONCUR WITH DETERMINATION

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

INDEX

CASE ID	AR1999031524	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000607	
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         1.100	Enrollment in the Advance course	
2.		
3.		
4.		
5.		
6.