MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:       9 November 1998        
	DOCKET NUMBER:   AC98-12596
	                                    AR1998012219

	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. Deborah L. Brantley		Analyst	

  The following members, a quorum, were present:

	Ms. June Hajjar		Chairperson	
	Mr. Fred N. Eichorn		Member	
	Mr. Thomas B. Redfern, III		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:  That his military records be corrected to reflect five awards of the Air Medal and a Bronze Star Medal.  He states that he was awarded the decorations but they were not recorded on his separation document.  In support of his request he submits a 1975 DA Form 20 (enlisted personnel qualification record) reflecting the awards in item 41 (awards and decorations).

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 entered active duty on 9 December 1965 and served in Vietnam between March 1967 and September 1968.  He was awarded three awards of the Air Medal (6703-6803, 6711-6805, 6905-6807) and Army Commendation Medal.  All of the awards were confirmed in orders issued by the 25th Infantry Division and are reflected, with authorizing documentation, in item 41 (awards and decorations) on his DA Form 20 maintained during the applicant period of active duty.

The applicant was released from active duty on 20 September 1968.  His separation document, which he authenticated, reflects entitlement to three Air Medal and the Army Commendation Medal.

In January 1974 the applicant enlisted in the Army Reserve.  A new DA Form 20, constructed at the time of his entry in the Reserves, appears to have been updated in August 1974 when two additional awards of the Air Medal and the Bronze Star were added to item 41 of form.  However, neither of the new entries reflect the authority for the award.

Army Regulation 600-8-22 states that the Air Medal and Bronze Star Medal are both personal decorations which require individual recommendations, approval through the chain of command, and announcement in orders.  There is no evidence, and the applicant has not provided any, which confirms he was ever recommended for or awarded the additional awards which are reflected on the DA Form 20 created at the time of his entry in the Army Reserves in 1974.

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 September 1968, 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 September 1971.

The application is dated 29 October 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

___JH___  __FNE___  ___TBR__  CONCUR WITH DETERMINATION

		Loren G. Harrell
		Director