MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:    

	BOARD DATE:          14 January 1999     
	DOCKET NUMBER:   AR1999015159

	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:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Ms. Shirley L. Powell		Member	
	Ms. Kathleen A. Newman		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 record be corrected to reflect award of the Army Commendation Medal and Bronze Star Medal.  He states that other members of his unit received the awards and he believes he “earned what others received.”

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 inducted and entered active duty on 3 December 1968.  Following successful completion of basic and advanced individual training the applicant was briefly assigned to Fort Jackson, South Carolina before being reassigned to Vietnam.  The applicant arrived in Vietnam in January 1970 where he performed duties as a squad leader with the 1st Squadron of the 10th Cavalry.

The applicant’s request for an early return to the United States for the purpose of attending school was approved.  He departed Vietnam on 30 August 1970 and on 3 September 1970 was released from active duty.

Army Regulation 600-8-22 establishes the policies and procedures for the award of military decorations.  It notes that both the Army Commendation Medal and Bronze Star Medal are individual decorations which require a recommendation, 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 Army Commendation Medal or the Bronze Star Medal.  The fact that other members of his unit may have received these decorations is not a basis for awarding him the decorations.

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 September 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 
3 September 1973.

The application is dated 13 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

___rvo__  ___slp____  __kan___  CONCUR WITH DETERMINATION

		Loren G. Harrell
		Director