| Mr. Carl W. S. Chun | Director | |
| Mr. W. W. Osborn, Jr. | Analyst |
| Mr. Fred N. Eichorn | Chairperson | |
| Ms. Barbara J. Ellis | Member | |
| Mr. Ronald E. Blakely | Member |
APPLICANT REQUESTS: That she be restored to pay grade E-5. She states, “They did it without me being there or knew (sic) anything about it.” She dates the discovery of the alleged error or injustice as 1990 and states “For the justice” as the reason the Board should find it in the interest of justice to consider the case.
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:
The applicant, a career Reservist, was promoted to pay grade E-5 on 30 September 1981 and was administratively reduced to pay grade E-4 on 11 August 1989 due to inefficiency. Except for reduction orders published by Headquarters, Training Group, 70th Division (Training), there are no details in the record.
The applicant was discharged from the Army Reserve on 3 October 1997 and there are no details as to the reason.
On 11 January 2001 this Board recommended that the applicant’s retirement points be redistributed in order to qualify her for retired pay at age 60. The recommendation was approved.
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 3 October 1997, the date of the discharge. The time for the applicant to file a request for correction of any error or injustice expired on 3 October 2000.
The application is dated 21 September 2001 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. Prior to reaching this determination the Board looked at the applicant's entire file. It was only after all aspects of his case had been considered and it had been concluded that there was no basis to recommend a correction of his record that the Board considered the statute of limitations. Had the Board determined that an error or injustice existed it would have recommended relief in spite of the applicant's failure to submit his application within the three-year time limit.
BOARD VOTE:
________ ________ ________ EXCUSE FAILURE TO TIMELY FILE
________ ________ ________ GRANT FORMAL HEARING
__FNE__ ___ BJE__ ___REB _ CONCUR WITH DETERMINATION
| CASE ID | AR2001063171 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20020418 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | |
| REVIEW AUTHORITY | |
| ISSUES 1. | 133.02 |
| 2. | 142.00 |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2001 | 2001061369C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS: That his records be corrected to upgrade his dishonorable discharge to general, under honorable conditions. 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 | CY2002 | 2002072652C070403
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. The applicant requests correction of military records as stated in the application to the Board and as restated herein. The applicant has not presented and...
ARMY | BCMR | CY2002 | 2002075262C070403
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 | CY2001 | 2001060674C070421
In its recommendation, the OCAR noted that, at the time of the applicant's enlistment, a computer error included MOS 11B as an eligible MOS for the prior service bonus. HQDA, on 10 October 1997, denied the request because the applicant's MOS was not authorized the prior service enlistment bonus, and pointed out that the applicant had the options to either remain in the USAR, request discharge based on an invalid enlistment contract, or petition this Board. The applicant has not presented...
ARMY | BCMR | CY2001 | 2001051221C070420
The applicant was determined to be fit for continued service in September 1993 and as such there is no basis for disability separation or retirement. 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.
ARMY | BCMR | CY2001 | 2001061224C070421
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 3 April 1985, the suspension of her reduction to pay grade E-3 was vacated based on her violation of a lawful order on 29 March 1985. The applicant has not...
ARMY | BCMR | CY2001 | 2001059874C070421
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...
ARMY | BCMR | CY2004 | 20040003416C070208
On 25 August 1997, the applicant completed a separation physical and was found qualified for separation. On 19 September 1997, the applicant’s commander initiated action to separate her under the provisions of Army Regulation 635-200, chapter 13 for unsatisfactory performance. There is evidence of record to show the applicant had back and knee problems and was a holdover at AIT because she could not pass the Army Physical Fitness Test.
ARMY | BCMR | CY2004 | 20040001445C070208
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant provides the DD Form 1883 (Survivor Benefit Plan Election Certificate); the SBP worksheet; a DD Form 1300 (Report of Casualty); copies of the FSM's military service records; letters from her Member of Congress to the Department of Veterans Affairs; a Chronological Record of Military Service; the FSM's notification of eligibility for retired pay at age 60 (his 20-year letter); a letter from the Reserve Components...
ARMY | BCMR | CY2005 | 20050000294C070206
The VA counselor also states that at the time of her discharge, the applicant requested that her military doctor approve a medical retirement due to the injuries she sustained. The VA counselor further indicates the applicant discussed the possibility of a medical retirement with an attorney upon completion of the military medical review process. The evidence shows the applicant is being treated for her service connected disabilities by the VA, which is appropriate.