MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:  17 May 2000
	DOCKET NUMBER:   AR1999032451

	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:

	Mr. Calvin M. Fowler		Chairperson	
	Mr. Raymond J. Wagner		Member	
	Mr. Fred N. Eichorn		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 expunge 2 days of lost time in 1943.  He indicates he was in the Enlisted Reserve Corps (ERC) from 2 to 8 March 1943 and that he was held in the guardhouse for two days until they could check on him.  His commander directed his return without the aid of the Military Police.

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 March 1943, he was inducted into the Army of the United States and entered active duty on 9 March 1943.  He completed his required training and was awarded MOS 608 (Cannoneer).  

During the period 5 to 6 May 1944, records show he was absent without leave for 2 days.  There is nothing in the applicant’s records to indicate that his lost time had anything to do with the ERC.

On 8 February 1945, he was honorably discharged under Army Regulation 615-365, based on the convenience of the Government.  His Report of Separation indicates he had 1 year, 11 months and 5 days of creditable service and 2 days of lost time.

In the absence of evidence to the contrary, a presumption of regularity applies that the applicant’s records are correct.

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 8 February 1945, the date the applicant was relieved from active duty.  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 October 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

__CF___  __RW___  __FE____ CONCUR WITH DETERMINATION

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

INDEX

CASE ID	AR1999032451	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000517	
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         1.113	2 days lost time in 1943	
2.		
3.		
4.		
5.		
6.