APPLICANT REQUESTS:  That her Honorable Discharge Certificate dated 7 January 1986 be corrected to reflect that she was discharged in the pay grade of E-4 as indicated on her separation documents (DD Form 214) dated 16 December 1982.

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:

That after serving 2 years, 11 months, and 9 days of total active service as a Hawk missile crewmember, the applicant was honorably released from active duty in the pay grade of E-4 on 16 December 1982, and transferred to the USAR Control Group (Reinforcement).

The applicant’s USAR records were not available for review by the Board.  However, her records show that orders were published by the Army Reserve Personnel Center indicating that she was honorably discharged from the USAR Control Group (Ready) in the pay grade of E-3 on 7 January 1986, upon completion of her statutory service obligation.

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 January 1986, the date of discharge.  The time for the applicant to file a request for correction of any error or injustice expired on 7 January 1989.




The application is dated 29 June 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