APPLICANT REQUESTS:  That his undesirable discharge be upgraded to honorable.  He submits no supporting evidence.

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 6 November 1951.  He completed 10 years of formal education. He enlisted in the Regular Army on 8 January 1971 for 2 years.  He did not complete basic training.

On 19 March 1971, the applicant accepted non-judicial punishment under Article 15, Uniform Code of Military Justice for being absent without leave (AWOL) from 3 - 10 March 1971.

The applicant departed AWOL from 30 March - 19 July 1971.

The applicant departed AWOL from 27 July - 27 December 1971.

On 10 June 1972, court-martial charges were preferred against the applicant for being absent without leave (AWOL) from 13 January - 8 June 1972.

On 21 June 1972, after consulting with legal counsel, the applicant voluntarily requested a discharge under the provisions of Chapter 10, Army Regulation   635-200 for the good of the service in lieu of trial by court-martial.  The applicant was advised of the effects of a discharge under other than honorable conditions and that he might be deprived of many or all Army and Veterans Administration benefits.  He submitted a statement in his own behalf wherein he stated he had family problems and he wanted to spend time with his wife.

On 27 June 1972, the applicant completed a separation physical and was found qualified for separation.

On 3 July 1972, the appropriate authority approved the request and directed the applicant receive a discharge under other than honorable conditions.

On 13 July 1972, he was discharged, in pay grade E-1, under the provisions of Army Regulation 635-200, Chapter 10 with a discharge under other than honorable conditions.  He had completed 4 months and 9 days of creditable active service and had 424 days of 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 13 July 1972, the date the applicant was discharged.  The time for the applicant to file a request for correction of any error or injustice expired on 13 July 1975.

The application is dated 22 July 1997.  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

                                 Loren G. Harrell
					 	 Director