MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:    

	BOARD DATE:            4 August 1999                  
	DOCKET NUMBER:   AR1999022304

	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. Irene N. Wheelwright		Member	
	Mr. George D. Paxson		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 records be corrected to reflect award of a Bronze Star Medal and that the entry “QM” in item 4 (Department, Component and Branch or Class) on his 16 April 1964 DD Form be deleted.  He states that he has “never served” or been “assigned to a QM unit.”  Although he submits no documents with his applicant he notes that his evidence as “all information previously submitted.”

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 June 1943 and served continuously for more than 22 years until he was permanently retired by reason of disability in 1966.

In 1958 he was awarded a specialty code of 76K and appears to have worked in the supply field for the duration of his military service.  Various separation documents and records indicate the applicant was awarded several bronze service stars denoting participation in a variety of designated campaign periods during his military career.  In early correspondence to officials at the Army Reserve Personnel Center the applicant states “although I am being compensated for my injury, I would like to be awarded my Bronze Stars for gallantry, which were awarded to me during the WWII European Theater of Operations.”

Item 4 on his 1964 DD Form 214 reflects the entry “Army-RA-QM” in response to the “Department” [Army], “Component” [RA meaning Regular Army] and “Branch or Class” [QM or Quartermaster].  The “QM” entry is not a reference to any unit of assignment but rather an indication that he was serving in the quartermaster (i.e. supply) field at the time the April 1964 DD Form 214 was issued.

Army Regulation 672-5-1 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.  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 the Bronze Star Medal.  It is likely he may be confusing the bronze service stars he was entitled to based on his World War II service with the individual decoration known as the Bronze Star 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 in 1966, the year the applicant was permanently retired from the military by reason of physical disability.  The time for the applicant to file a request for correction of any error or injustice expired in 1969.

The application is dated 21 April 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

___fkm___  __inw___  _gdp____  CONCUR WITH DETERMINATION

		Loren G. Harrell
		Director

INDEX

CASE ID	AR1999022304	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990804	
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. 110.00		
2. 107.00		
3. 142.00		
4.		
5.		
6.