MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            29 July 1999                  
	DOCKET NUMBER:   AR1999018518

	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	
	Ms. Camilla Pugh		Analyst	

  The following members, a quorum, were present:

	Mr. Charles H. Loundermon		Chairperson	
	Ms. Shirley L. Powell		Member	
	Mr. Curtis L. Greenway		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:  Correction of his records to show his current name.

The applicant states he has changed his name and now desires his military records to coincide with that change.  In support of his request, he submits a notarized copy of his Certificate of Marriage showing the name change.

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 on 11 October 1978.  He was honorably discharged on 7 October 1981.

His name was not changed during his service.

For historical purposes, the Army has an interest in maintaining the accuracy of its records.  The date contained in those records should reflect the conditions and circumstances that existed at the time the records were created.

In the absence of a showing of material error or injustice, those records should not be changed.

The documents submitted with his request are dated subsequent to his discharge.

The Board notes that if a court orders the applicant’s name changed, he may use that court order along with his DD Form 214 (Report of Separation from Active Duty) to verify his military service.  In addition, he should send the National Personnel Records Center, GSA, 9700 Page Avenue, St. Louis, Missouri   63132-5260, a copy of the court order changing his name so it may be filed with his military records to verify his military service under his new name.

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 7 October 1981, the date of his discharge.  The time for the applicant to file a request for correction of any error or injustice expired on 7 October 1984.

The application is dated 2 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

chl______  slp_____  clg______  CONCUR WITH DETERMINATION

		Loren G. Harrell
		Director

INDEX

CASE ID	AR1999018518	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	1999 July 29	
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.	Name change	
2.		
3.		
4.		
5.		
6.