APPLICANT REQUESTS:  Correction of his military records to show that he was inducted on 23 March 1970 instead of 
17 March 1971.  He states he was drafted “from Fort Hamilton in Brooklyn, New York and from there sent to Fort Dix, New Jersey were [he] started [his] basic training.”

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 inducted and entered active duty on 17 March 1971.  Special Orders Number 53, issued on 17 March 1971, his DD Form 47 (record of induction), which was authenticated by the administrative officer at the entrance processing station at Fort Hamilton, New York and a USA Recruiting Form 180-R (acknowledgment of service obligation), which the applicant authenticated, confirm his induction date as
17 March 1971.  He commenced basic training at Fort Dix, New Jersey on 29 March 1971.

The applicant was honorably discharged on 22 March 1973 for the purpose of immediate reenlistment.  His DD Form 214, which he authenticated, indicates his induction date as 
17 March 1971.

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 22 March 1973, the date he was separated for the purpose of immediate reenlistment and authenticated his separation document.  The time for the applicant to file a request for correction of any error or injustice expired on 22 March 1976.

The application is dated 20 March 1996 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