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Decision Text

ARMY | BCMR | CY1997 | 9710220
Original file (9710220.rtf) Auto-classification: Denied
APPLICANT REQUESTS: That his reentry code of RE 3B be upgraded. He states that he had no criminal record or convictions while in the Army. He willingly served his country by putting his life on the line during the Vietnam War. He humbly asks the Board to consider this.
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 born on 14 June 1948. He completed 1 year of formal education. He was inducted into the Army on 30 January 1968. He completed basic combat training and advanced individual training and was awarded military occupational specialty 11B (Infantryman).

The applicant served in Vietnam from 3 July 1968 - 1 July 1969 where he earned the Bronze Star Medal, the Combat Infantryman Badge and the Air Medal.

The applicant went absent without leave (AWOL) from 1 August 1969 - 17 March 1971.

On 1 September 1971, he was honorably discharged, in pay grade E-4, for early release of CONUS-based enlisted AUS personnel. He had completed 1 year, 11 months and 14 days of creditable active service and had 182 days of lost time plus 412 days lost subsequent to his normal expiration term of service. He was given a reentry code of RE-3B, persons with lost time during their last period of service, ineligible for reenlistment unless a waiver is granted.

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 1 September 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 1 September 1974.

The application is dated 4 June 1997. 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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