MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:    

	BOARD DATE:            18 March 1999                  
	DOCKET NUMBER:   AR1999022069

	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. James M. Alward		Chairperson	
	Ms. Karen Y. Fletcher		Member	
	Mr. Ernest W. Lutz, 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 the Purple Heart.  He states that he was supposed to be issued a Purple Heart but the “paper work was never filed.”  Although he indicates that he has now “been authorized the Purple Heart” he provides no evidence to support that contention.

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 7 May 1969 and on 13 May 1969 was discharged for the purpose of enlisting in the Regular Army.  In November 1969 he was assigned to Vietnam as a surveyor.  He remained in Vietnam until November 1970 and then completed his enlistment at Fort Sill, Oklahoma.

On 23 December 1971 the applicant was released from active duty.  Neither his DD Form 214, nor his DA Form 20 (enlisted qualification record), reflect entitlement to the Purple Heart and item 40 (wounds) on his DA Form 20 is blank.  The applicant authenticated his DA Form 20 on 8 April 1971 and his DD Form 214 on the date of separation.

Subsequent to his separation, in 1988, he submitted an inquiry to his congressional representative regarding his entitlement to the Purple Heart.  He related in that correspondence that in May 1970 he was part of a small convoy that was ambushed by enemy forces.  He indicated that when the convoy was attacked, the vehicle he was in was struck by “the truck behind us” and he was knocked forward into the dash of the jeep.  He stated that “flying glass or flying shrapnel” cut his face.

In response to his inquiry officials of the Personnel Services Division in St. Louis related that information contained in the applicant’s service medical records indicated he was treated for injuries received in a vehicle accident but there was no indication of any enemy action.

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.  There is no evidence, nor has the applicant provided any, which confirms he was wounded as a result of hostile action.

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 December 1971, the date the applicant was released from active duty.  The time for the applicant to file a request for correction of any error or injustice expired on 23 December 1974.

The application is dated 29 January 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

___jma__  __kyf___  __ewl___  CONCUR WITH DETERMINATION

		Loren G. Harrell
		Director

INDEX

CASE ID	AC1999022069	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990318	
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.