MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:    

	BOARD DATE:           10 March 1999                   
	DOCKET NUMBER:   AR1999019889

	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. Fred K. McCoy		Chairperson	
	Ms. Meta Waller		Member	
	Mr. Kenneth L. Wright		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 a second Purple Heart and a Presidential Unit Citation.  He also asks that his Army Commendation Medal with “V” device be upgraded to a Bronze Star Medal with “V” device.  He states, in effect, that he was awarded the Purple Heart for wounds sustained on 7 May 1966 but had also been wounded the day before and as such believes he should be awarded a second Purple Heart.  He also states that he believes he is entitled to a Presidential Unit Citation based on the fact that his unit, the 2nd Battalion, 12th Cavalry, of the 1st Cavalry Division was awarded the citation in November 1965. 

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 11 May 1965 and successfully competed training as a medical corpsman.  In November 1965 he was assigned to Vietnam and on
30 November 1965 arrived at Headquarters and Headquarters Company, 2nd Battalion, 12th Cavalry, 1st Cavalry Division.

He was awarded a Purple Heart Medal for wounds sustained on 7 May 1966.  The 1st Cavalry Division published orders confirming the award on 
20 May 1966.  On 11 August 1966 he was awarded the Army Commendation Medal with “V” device for his heroic actions on 8 May 1966.

The applicant returned to the United States in November 1966 and completed his enlistment at Fort Sill, Oklahoma.  His DA Form 20 (enlisted qualification record), which he authenticated on 5 January 1967 confirms his entitlement to a single Purple Heart.  Item 40 (wounds) on the DA Form 20 reflects the gun shot wound to his left leg on 7 May 1966, which was the basis for the Purple Heart Medal.

Although the applicant indicated on his separation physical examination, completed on 7 March 1967, that he had sustained a pungi stick wound while in Vietnam, there is no medical evidence to support that injury nor any indication that he received treatment by a medical officer.

He was released from active duty on 10 May 1967.  His DD Form 214, which he authenticated, reflects entitlement to one Purple Heart and the Army Commendation Medal with “V” device.

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.

A review of Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) notes the applicant’s unit (2nd Battalion, 12th Cavalry) was awarded a Presidential Unit Citation for the period 23 October 1965 through 26 November1965.  Because the applicant was not assigned to the unit until 30 November 1965 he is not entitled to the award.

Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal is awarded to any person who distinguished himself by heroism or meritorious achievement or service, not involving participation in aerial flight in connection with military operations involving conflict with an opposing armed force.  The "V" device denotes participation in acts of heroism involving conflict with an armed enemy and when awarded with the Bronze Star Medal denoted the award was made for heroism as opposed to service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  There is no evidence the applicant was ever recommended for award of the Bronze Star Medal and he provides no evidence to substantiate that an error or injustice occurred in the awarding of the Army Commendation Medal with “V” device based on his action on 8 May 1966.

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 10 May 1967, the date the applicant was released from active duty and authenticated his DD Form 214.  The time for the applicant to file a request for correction of any error or injustice expired on 
10 May 1970.

The application is dated 7 December 1996 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

___fkm__  __mw____  __klw___  CONCUR WITH DETERMINATION

		Loren G. Harrell
		Director

INDEX

CASE ID	AR1999019889	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990310	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.107.00		
2.142.00		
3.		
4.		
5.		
6.