MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:            11 August 1999    
	DOCKET NUMBER:   AR1999016622

	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	
	Mr. Kenneth Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. John H. Kern		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. John P. Infante		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:  Award of the Purple Heart.  

He states that he was issued the Purple Heart and his DD Form 214 should reflect that award.
 
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 enlisted in the Army for three years on 20 September 1967, completed training as an artillery man, and in April 1968 was assigned to an artillery battery of the 1st Cavalry Division in Vietnam.  He was awarded the Army Commendation Medal for valor for his heroism in combat on 6 May 1968.  On    14 November 1968 the applicant received nonjudicial punishment under      Article 15, UCMJ, for leaving his guard post.  He completed his tour in Vietnam and returned to the United States at Fort Sill, Oklahoma in May 1969.  He was promoted to Corporal in September of that year.

While assigned to Fort Sill, the applicant was AWOL on three separate occasions resulting in nonjudicial punishment on one occasion, and conviction by summary court-martial on two other occasions.  He served 27 days in confinement.

The applicant was released from active duty on 4 November 1970.  He had         3 years of service and 46 days of lost time.  His DD Form 214 does not show award of the Purple Heart.  The applicant’s DA Form 20 (Enlisted Qualification Record) does not show that he was wounded, nor does it show award of the Purple Heart.  There are no orders in his records to show award of 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 4 November 1970, the date of his release from active duty.  The time for the applicant to file a request for correction of any error or injustice expired on 4 November 1973.

The application is dated 1 June 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

__jhk___  ___wtm__  ___jpi__  CONCUR WITH DETERMINATION

		Loren G. Harrell
		Director

INDEX

CASE ID	AR1999016622	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990811	
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. 142.00		
2.  107.00		
3.		
4.		
5.		
6.