APPLICANT REQUESTS: In effect, that his honorable discharge (HD) be changed to a medical discharge. 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 was born on 11 June 1953. He completed 10 years of formal education. On 14 February 1973, he enlisted in the Regular Army for 3 years. His Armed Forces Qualifications Test score was 40 (Category III). On 8 March 1973, while in basic training, the applicant was admitted into the hospital for shortness of breath and dizziness. After being examined by a medical doctor the applicant was diagnosed as having hypertension. The doctor found the applicant medically unfit for enlistment and recommended that he be examined by a Medical Evaluation Board (MEB). On 9 March 1973, the applicant voluntarily requested a discharge from active duty under the provisions of Army Regulation 635-200, chapter 5-9. The applicant’s request was based on physical reasons which existed prior to his enlistment into the Army. The applicant confessed to having had hypertension for approximately 5 years prior to his enlistment. He waived personal appearance and consideration and representation by counsel before a board of officers. On 12 March 1973, a medical board found the applicant medically unfit for further military service because of hypertension. The medical board recommended that the applicant be separated from service due to a condition existing prior to enlistment. On 19 March 1973, the appropriate authority approved the applicant’s request and directed the issuance a HD. On the same day, the applicant was discharged in pay grade E-1 under the provisions of Army Regulations 635-200, chapter 5-9, for not meeting physical standards at the time of entry with a HD. He had completed 1 month and 4 days of creditable active service. Army Regulation 635-200, sets forth the basic authority for the separation of enlisted personnel. Chapter 5, paragraph 5-9, of that regulation, in effect at the time, provided, in pertinent part, for the separation of personnel who were not medically qualified under procurement medical fitness standards when accepted for initial enlistment will be separated. Medical proceedings, regardless of the date completed, must establish that a medical condition was identified by appropriate military medical authority within 4 months of the applicant’s initial entrance on active duty. 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 March 1973, the date the applicant was discharged. The time for the applicant to file a request for correction of any error or injustice expired on 19 March 1976. The application is dated 19 December 1994, 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 CONCUR WITH DETERMINATION Karl F. Schneider Acting Director