MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:                             8 September 1999
	DOCKET NUMBER:   AR1999020324

	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 Brantley		Analyst	

  The following members, a quorum, were present:

	Mr. Fred K. McCoy		Chairperson	
	Ms. Karen L. Wolff		Member	
	Mr. Orville W. Troesch, 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:  Award of two additional Purple Hearts and the Army Commendation Medal.  He states that he was awarded his second and third Purple Heart in 1969 while in Vietnam.  He also notes that he was awarded an Army Commendation Medal in 1969 at the same time he received his third Purple Heart.  The applicant provides no evidence in support of his request.

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 24 April 1968 and was assigned to Vietnam as an infantryman in September 1968.  His records confirm, via an order, that he was awarded a Purple Heart for wounds sustained on 7 April 1969.  The wound is confirmed in an entry in item 40 (wounds) on his DA Form 20 (enlisted qualification record) and on his separation physical examination.  The award is also reflected on his 23 April 1970 separation document.

Item 40 (wounds) on the applicant’s DA Form 20 also contains a handwritten pen entry following the 7 April 1969 typed entry, which confirmed the wound which resulted in award of his single Purple Heart.  The handwritten entry indicates, by “ditto” marks, that the applicant sustained “shrapnel to back” on 18 December 1968.  However, that entry is not confirmed in any other documents contained in his personnel file and is not mentioned, unlike his 7 April 1969 wound, in any of the separation physical examination documents available to the Board.

The April 1969 order, which awarded the applicant a Purple Heart for wounds, sustained on 7 April 1969 has been altered by a hand written pen entry changing the date of the applicant’s wound from 7 April 1969 to 17 August 1969.  That order also contains a hand written entry indicating the pen and ink change could not be accurate because the order was published in April 1969.

The applicant remained in Vietnam until September 1969 and was released from active duty on 23 April 1970.  His separation documents reflect award of the Purple Heart, which was confirmed in orders.

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.  Although the applicant’s DA Form 20 contains a hand written entry indicating the applicant was wounded in 1968 the entry is not supported by any other evidence and appears to be questionable.

Army Regulation 672-5-1 provides that the Army Commendation medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself by heroism, meritorious achievement or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  There is no evidence and the applicant has not provided any, that he was ever recommended for or awarded an Army Commendation Medal.

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 23 April 1970, the date the applicant 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 
23 April 1973.

The application is dated 15 January 1999 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__  ___klw__  ___owt__  CONCUR WITH DETERMINATION

		Loren G. Harrell
		Director

INDEX

CASE ID	AR1999020324	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990908	
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.		
3.		
4.		
5.		
6.