MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:           13 July 2000
	DOCKET NUMBER:   AR1999032640

	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. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Ms. Jennifer L. Prater 		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. James E. Anderholm		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:  In effect, that his honorable discharge of 5 March 1975, by reason of expiration of term of service (ETS), be changed to a physical disability separation.  In support of his request, he submits two undated, hand-written letters, a handwritten page of “Remarks” keyed to his application, and a copy of DA Form 3082-R, Statement of Medical Condition, dated 5 March 1975.

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:

He enlisted in the Regular Army for 3 years on 6 March 1972.  Upon completion of all required military training, he was awarded Military Occupational Specialty 17E20, Field Illumination Crewman, and assigned to Fort Benning, Georgia.

The applicant’s medical records were not available for review.  He contends that he was treated at Fort Benning for a “penis or intestine infection” and given suppositories, which made him “very sexually alluring.”  It is known that the applicant underwent a separation physical examination at least 3 days prior to his separation, and that he executed DA Form 3082-R indicating that his medical condition had not changed in the time between his physical and his separation.  His separation order states that he was separated “not by reason of physical disability.”

The applicant was honorably discharged by reason of completion of his active duty service requirement on 5 March 1975.  He had 3 years of creditable service and no lost time.

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 5 March 1975, the date of discharge.  The time for the applicant to file a request for correction of any error or injustice expired on 5 March 1978.

The application is dated 20 August 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

__jlp____  __mhm__  __jea____  CONCUR WITH DETERMINATION

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

INDEX

CASE ID	AR1999032640	
SUFFIX		
RECON	19990630	
DATE BOARDED	20000713	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	DIRECTOR	
ISSUES         1.	108.0000	
2.		
3.		
4.		
5.		
6.