MEMORANDUM OF CONSIDERATION
IN THE CASE OF:
BOARD DATE:
DOCKET NUMBER: AC9706667
I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual. The following members, a quorum, were present:
Mr.
Chairperson
Mr.
Member
Mr.
Member
Also present, without vote, were:
Analyst
The applicant requests correction of military records as stated in the application to the Board and as restated herein.
The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. 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 he 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.
The applicant requests correction of military records as stated in the application to the Board and as restated herein.
The Board considered the following evidence:
Exhibit A - Application for correction of military
records
Exhibit B - Military Personnel Records (including
advisory opinion, if any)
APPLICANT REQUESTS: In effect, the narrative reason for her separation be deleted from her DD Form 214. She states this derogatory remark on her file is hindering her from promotions in her civilian occupation.
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:
She enlisted into the Regular Army on 17 October 1979.
On 11 August 1980 she was recommended for discharge due to unsuitability based on personality disorder. She was medically evaluated by an Army Psychiatrist, and he determined that she was unsuitable based on her personality disorder, so he recommended she be discharged.
She was honorably discharged on 26 August 1980 under Army Regulation 635-200, paragraph 13-4b (unsuitability-personality disorder). She had 10 months of service.
There is no evidence that the applicant applied to the Army Discharge Review Board to have the narrative reason for discharge removed from her records.
Army Regulation 635-200 set forth the basic authority for the separation of enlisted personnel. Paragraph 13-4b, in effect at this time, authorized separation for Unsuitability-Personality Disorder. The regulation authorized an Honorable Discharge for this purpose.
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 26 August 1980, the date of discharge. The time for the applicant to file a request for correction of any error or injustice expired on 26 August 1983.
The application is dated 3 March 1997 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
Loren G. Harrell
Director
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