MEMORANDUM OF CONSIDERATION IN THE CASE OF: BOARD DATE: 2 September 1998 DOCKET NUMBER: AC98-09925 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. Mr. Loren G. Harrell Director Ms. Analyst The following members, a quorum, were present: Mr. Chairperson Mr. Member Mr. Member 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, award of four Purple Hearts. He states he was “wounded approximately four times during combat in Vietnam but never received a Purple Heart.” 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 entered active duty on 22 November 1967 and served in Vietnam as a vehicle mechanic between July 1968 and January 1970. When he returned to the United States he completed his enlistment at Fort Hood, Texas and on 20 November 1970 was released from active duty. Neither his DD Form 214 nor his DA Form (enlisted qualification record) reflect entitlement to the Purple Heart and item 40 (wounds) is blank. Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for wounds sustained as a result of hostile action. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record. There is no evidence, and the applicant has not provided any, which confirms he was wounded as a result of hostile action while in Vietnam. 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 20 November 1970, the date he was released from active duty and authenticated his separation document. The time for the applicant to file a request for correction of any error or injustice expired on 20 November 1973. The application is dated 14 April 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 _____x___ ____x____ ____x____ CONCUR WITH DETERMINATION Loren G. Harrell Director ABCMR Memorandum of AC98-09225 Consideration (cont) 3