APPLICANT REQUESTS: That his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, be corrected to show that he received a medical discharge and that his Reentry (RE) code be corrected to reflect that change, and that all the other codes entered on his DD Form 214 be deleted. He also requests that all records concerning disciplinary actions taken against him be deleted, that all records which contain derogatory remarks about his performance be deleted, that his court-martial convictions be expunged, that any adverse line of duty investigations or report of survey be deleted, and that it be shown that he completed his normal term of service.
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 enlisted in the Regular Army for 3 years on 30 November 1965 with no prior service. He was awarded the military occupational specialty of supply clerk, served a year in Vietnam, and was promoted to pay grade E-3. He has no significant awards or decorations.
On 7 March 1969 the applicants commander initiated action to bar him from reenlistment. In that request it was stated that the applicant had accepted punishment under Article 15, UCMJ, twice, once for disrespectful manner and once for disorderly conduct (however, the applicants record shows that he had accepted punishment under Article 15 on six occasions between 8 April 1966 and 10 January 1969, most of which were for his using vulgar and profane language in addressing superior noncommissioned and commissioned officers). He had also been convicted by a special
court-martial for being disrespectful to a noncommissioned officer, for being disrespectful to an officer, for disobeying a lawful order, and for two counts of failure to repair. It was also stated in that request that the applicant was pending punishment for being disrespectful to an officer. The applicants commander continued that the applicants conduct and efficiency were both unsatisfactory.
The applicant completed his term of service and was honorably released from active duty on 29 March 1969. He had 3 years of creditable service and had three periods of lost time, from 29 to 31 August 1966, on 5 September 1966, and from 28 February to 22 June 1968.
The applicants records do not contain any information pertaining to an adverse line of duty investigations or a report of survey.
The applicants records do not contain his health records and there is no indication that he suffered from any medical problems.
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 29 March 1969, the date he was released from active duty. The time for the applicant to file a request for correction of any error or injustice expired on 29 March 1972.
The application is dated 30 May 1995 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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