| Mr. Loren G. Harrell | Director | |
| Ms. Gale Thomas | Analyst |
| Ms. Margaret K. Patterson | Chairperson | |
| Mr. Thomas N. Kuhn | Member | |
| Mr. James M. Alward | Member |
APPLICANT REQUESTS: That his records be corrected by changing his rank from pay grade E-1 to lieutenant. The applicant states that his rank was changed when he was discharged.
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:
On 24 September 1968, he enlisted in the Regular Army for a period of 2 years. He completed basic and advanced individual training and was assigned to Fort Bragg, North Carolina.
On 24 January 1969, he was advanced to the pay grade of E-2.
Between 6 February 1969 and 25 June 1969, he accepted 3 nonjudicial punishments under the provisions of Article 15, Uniformed Code of Military Justice (UCMJ) for failure to go at the prescribed time to his appointed place of duty, falsifying a sick slip, being disrespectful towards a superior noncommissioned officer and being absent without leave (AWOL) from 9-12 April 1969. His punishments included restriction, forfeiture, and reduction to pay grade E-1.
Between 19 September 1969 and 8 September 1971, he was convicted by 3 special courts-martial and 1 summary court-martial for being AWOL for 258 days, and for disobeying a lawful order. He was sentenced to 161 days confinement at hard labor, 2 months hard labor without confinement, forfeiture’s and reduction to pay grade E-1.
A board of officers convened under the provisions of Army Regulation 635-212, recommended that the applicant be discharged from the service because of unfitness with the issuance of an undesirable (UD) discharge certificate.
On 3 December 1971, the appropriate separation authority approved the board’s recommendation and directed that the applicant be discharged with an UD and reduced to the lowest enlist grade.
On 9 December 1971, the applicant was discharged under the provisions of the above cited regulation, in the pay grade of E-1. His Report of Separation indicates he had 1 year, 9 months and 4 days of active Federal service and
521 days of lost time.
Army Regulation 635-212, in effect at the time, set forth the basic authority for the separation of enlisted personnel. Paragraph 6a(1) of the regulation provided, in pertinent part, that members involved in frequent incidents of a discreditable nature with civil or military authorities were subject to separation for unfitness. An undesirable discharge was normally considered appropriate. There is no evidence in the applicant’s records that show he ever attained a rank higher than pay grade E-2.
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 8 December 1971, the date the applicant was discharged. The time for the applicant to file a request for correction of any error or injustice expired on 8 December 1974.
The application is dated 30 January 1998 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
___mkp_____ ___tnk_____ ___jma_____ CONCUR WITH DETERMINATION
Loren G. Harrell
Director
| CASE ID | AR1997002268 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 19990902 |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 131.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY1997 | 9706026
The Board considered the following evidence: Army Regulation 40-501 provides that for an individual to be found unfit by reason of physical disability, he must be unable to perform the duties of his office, grade, rank or rating. 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.
ARMY | BCMR | CY1997 | 9711465
: The applicant’s military records show:He was born on 2 June 1949. On 10 July 1969, the applicant accepted NJP under Article 15, UCMJ for being absent without leave (AWOL) from 3 - 8 July 1969. On 28 July 1970, the applicant was discharged, with a discharge UOTHC , in pay grade E-1, under the provisions of Army Regulation 635-212.
ARMY | BCMR | CY1997 | 9708825
In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether the application was filed within the time established by statute, and if not, whether it would be in the interest of justice to waive the failure to timely file. 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...
ARMY | BCMR | CY1997 | 9708848
In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether the application was filed within the time established by statute, and if not, whether it would be in the interest of justice to waive the failure to timely file. 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...
ARMY | BCMR | CY1997 | 199709080
In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether the application was filed within the time established by statute, and if not, whether it would be in the interest of justice to waive the failure to timely file. On 15 February 1966 the applicant was notified that his request for recall to active duty was not favorably considered because he was not qualified in one of...
ARMY | BCMR | CY1997 | 9711555
In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether the application was filed within the time established by statute, and if not, whether it would be in the interest of justice to waive the failure to timely file. On 19 November 1963, the appropriate separation authority approved the applicant’s discharge and directed he be reduced to pay grade E-1 and issued an...
ARMY | BCMR | CY1997 | 9710220
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. The time for the applicant to file a request for correction of any error or injustice expired on 1 September 1974.The application is dated 4 June 1997. BOARD VOTE : EXCUSE FAILURE TO TIMELY FILE GRANT FORMAL HEARING CONCUR WITH DETERMINATION Loren G. Harrell Director
ARMY | BCMR | CY1997 | 9710220C070209
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 1 September 1971, the date the applicant was discharged. BOARD VOTE: EXCUSE FAILURE TO TIMELY FILE GRANT FORMAL HEARING CONCUR WITH DETERMINATION Loren G. Harrell Director
ARMY | BCMR | CY1997 | 9710975
However, the examining physician found him to be mentally responsible, able to distinguish right from wrong and to adhere to the right, and mentally capable of understanding and participating in board proceedings.On 19 August 1969, the applicant was convicted by a special court-martial of being AWOL from 12 November to 12 December 1968, 14 December 1968 to 9 January 1969 and 13 January to 3 July 1969. In his application to that Board is a statement wherein he blamed the discharge on no one...
ARMY | BCMR | CY1997 | 9710655
In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice. The applicant requests...