MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            17 June 1999      
	DOCKET NUMBER:   AR1998013257

	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. Gale Thomas		Analyst	

  The following members, a quorum, were present:

	Ms. Jennifer L. Prater		Chairperson	
	Mr. Thomas A. Pagan		Member	
	Mr. Ernest W. Lutz, Jr.		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 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 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:  The applicants request that his records be corrected to show he was awarded the Bronze Star with V device, the Purple Heart with Oak Leaf Cluster and the Joint Service Commendation Medal.  The applicant list several statements and affidavits in support of his request, but were not attached to his application.  

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 18 October 1968, he enlisted in the Regular Army for a period of 3 years.

The applicant was stationed in the Republic of Vietnam from 4 April 1969 to 
10 April 1970.

On 31 January 1971, he was placed on the Temporary Disability Retired List (TDRL) for schizophrenia, paranoid type.  His Report of Separation indicates he received the National Defense Service Medal, the Vietnam Cross of Gallantry w/Palm, Vietnam Service Medal, Republic of Vietnam Campaign Medal, Tet      1969 Counteroffensive, Vietnam Summer-Fall 1969 Campaign, and the Vietnam Winter-Spring 1970 Campaign.

The applicant was found to be permanently unfit for duty and on 30 April 1973, was removed from TDRL and permanently retired effective 1 May 1973.

Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal with V device and the Joint Service Commendation Medal, are personal decorations awarded to persons who distinguished themselves by heroism or meritorious achievement or service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.

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 in the applicants records to support his claim that he was recommended for or awarded the Bronze Star with V device or the Joint Service Commendation Medal.

The is no evidence to support the applicant’s claim that he was wounded while stationed in Vietnam and awarded the Purple Heart.

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 19 January 1971, the date the applicant was released from active duty.  The time for the applicant to file a request for correction of any error or injustice expired on 19 January 1974.

The application is dated 16 February 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

__jlp___  __tap___  ___ewl__  CONCUR WITH DETERMINATION

		Loren G. Harrell
		Director

INDEX

CASE ID	AR1998013257	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990617	
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.  107.00		
2.		
3.		
4.		
5.		
6.