MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:         18 AUGUST 1999                     
	DOCKET NUMBER: AR1999015263

	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. Loren G. Harrell		Director	
	Mr. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor		Chairperson	
	Mr. Edward Williamson		Member	
	Ms. Sherri V. Ward		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 he was promoted to pay grade E-5, completed Drill Sergeant School (DSS), and a Long Range Reconnaissance Patrol Course.  He provides a modified copy of his DD Form 20 (Enlisted Qualification Record) which shows he was assigned to a duty position calling for a Drill Sergeant for a short period.  He also provides a copy of a Veterans Administration request for information, which shows his pay grade as E-5.

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 9 January 1966, the applicant enlisted in the Army.  He completed his required training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

On 14 November 1966, he accepted non-judicial punishment (NJP) under Article 15, Uniform code of Military Justice (UCMJ) for being absent without leave for the period 2 to 6 November 1966.  His punishment was restriction.

He served in Vietnam during the period 1 December 1966 to 24 October 1968.

He was advanced to pay grade E-4, effective 14 June 1967.

On 10 November 1967, he accepted NJP under Article 15, UCMJ for sleeping on guard duty on 8 November 1967.  His punishment was a reduction to pay grade E-2 and a forfeiture of $54 pay per month for 2 months.  There is no evidence that he was advanced from that grade.  

During the period 9 December 1968 to 10 May 1969, he was assigned to a duty position calling for a drill sergeant.  There is no evidence that he attended the DSS or was a drill sergeant.

On 16 February 1970, he was honorably separated, in pay grade E-4, under Army Regulation 635-200, based on the expiration of his term of service.  His Report of Separation indicates he had 4 years, 1 month and 11 days of creditable service.

Army Regulation 635-5 (Personnel Separation Documents) indicates, in pertinent part, that only formal in-service training courses successfully completed during the period of service will be entered.  This information is to assist the soldier in job placement and counseling; therefore, training courses for combat skills will not be listed.

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 16 February 1970, the date he was separated.  The time for the applicant to file a request for correction of any error or injustice expired on 16 February 1973.

The application is dated 12 September 1998 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

rvo_____  ew______  svw_____ CONCUR WITH DETERMINATION

		Loren G. Harrell
		Director

INDEX

CASE ID	AR1999015263	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	YYYYMMDD	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.131	Promotion to pay grade E-5	
2.110	Military schools on 214	
3.		
4.		
5.		
6.