MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:  13 June 2000
	DOCKET NUMBER:  AR1999031675

	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. Elizabeth Buchanon		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. John H. Kern		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 his records be corrected to show that he was promoted to pay grade E-5.  He provides a letter 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:

On 2 April 1971, he enlisted in the Regular Army for 2 years.  He completed his required training and was awarded MOS 11C (Infantry Indirect Fire Crewman).  He was advanced to pay grade E-4, effective 17 March 1972.

During the period 29 August 1971 to 15 June 1972, he served in a unit in Vietnam.

In response to his request for early release due to seasonal employment, on     19 December 1972, he was honorably separated, in pay grade E-4, under Army Regulation 635-200, chapter 5.  His DD Form 214 indicates he had 1 year,          8 months and 18 days of creditable service.

On 11 March 1975, officials at the Army Reserve Personnel Center (ARPERCEN) advised him that there was no evidence of a recommendation for or promotion to pay grade E-5.  

On 21 January 1976, officials at ARPERCEN again advised him that they had reviewed his Official Military Personnel File and his military pay records without success in locating any documentary evidence to support his claim.

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 19 December 1972, the date he was separated from active duty.  The time for the applicant to file a request for correction of any error or injustice expired on 19 December 1975.

The application is dated 24 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

__eb____  ___be___  __jk____ CONCUR WITH DETERMINATION

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

INDEX

CASE ID	AR1999031675	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000613	
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         1.131	Prom to E-5	
2.		
3.		
4.		
5.		
6.