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Decision Text

ARMY | BCMR | CY1990-1993 | 9313615
Original file (9313615.rtf) Auto-classification: Denied
APPLICANT REQUESTS: To be allowed to continue his military education and career. He states he was unable to complete the officer advanced course on schedule through no fault of his own, which caused his separation as a commissioned officer. He was undergoing divorce at the time, along with commencement of his business, and his unit failed to submit or followup his request to complete the OAC for still another year. He submits his own statement, statements from others, and other documentation in support of his application.

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:



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.

In the processing of this case, a staff advisory opinion (COPY ATTACHED) was obtained from the National Guard Bureau. It contains no information, advice or recommendation which would constitute a basis for granting the relief requested or for excusing the applicant's failure to timely file.

DISCUSSION : The alleged error or injustice was, or with reasonable diligence should have been discovered on 26 September 1988, the date he was separated from the New York Army National Guard for noncompletion of the OAC and nonselection for promotion to major. The time for the applicant to file a request for correction of any error or injustice expired on .

The application is dated 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

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