MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:    

	BOARD DATE:            25 March 1999    
	DOCKET NUMBER:   AR1999023737

	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:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Elzey J. Arledge, Jr.		Member	
	Mr. Lester Echols		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:  In effect, award of the Purple Heart, Army Commendation Medal and Combat Medical Badge.  He also asks that a letter of commendation he received in 1966 be added to his separation document.  The applicant states that he “received a busted eardrum while in Vietnam” and was recommended for an Army Commendation Medal, which he never received.  He also notes that he has previously requested award of the Combat Medical Badge but never received a response.  He states that he “went on many missions to support the infantry” and “flew a lot of Medivac under fire.”

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 13 January 1965.  In July 1965 he was assigned to Vietnam as medical specialist with the 94th Medical Detachment.  He remained in Vietnam until July 1966 when he returned to the United States and was assigned to an artillery group in Oakdale, Pennsylvania.  In September 1966 he received a letter of commendation for his participation in a unit defense combat evaluation.

On 12 January 1968 the applicant was released from active duty.  His records do not indicate entitlement to an Army Commendation Medal or a Purple Heart.  Item 40 (wounds) on his DA Form 20 (enlisted qualification record) is blank.  He last authenticated his DA Form 20 on 17 April 1967, nearly a year after his departure from Vietnam.

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, and the applicant has not provided any, that he was ever wounded while in Vietnam.

Army Regulation 600-8-22 provides, in pertinent part, that the Combat Medical Badge is awarded to medical department personnel (colonels and below) who are assigned or attached to a medical unit of company or smaller size that is organic to an infantry unit of brigade, regimental or smaller size which is engaged 

in active ground combat.  Battle participation credit is not sufficient; the infantry unit must have been in contact with the enemy.  The applicant was assigned to a medical detachment but it was not organic to an infantry unit and as such he his not eligible for the Combat Medical Badge.

Army Regulation 600-8-22 also 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, which confirms he was ever recommended for, or awarded, the Army Commendation Medal.

Army Regulation 635-5, which established the policies and procedures for the preparation and distribution of the DD Form 214 at the time the applicant was released from active duty, states that item 24 of the DD Form 214 will reflect decorations, medals, badges, citations and campaign ribbons awarded or authorized for all periods of service.  Certificates of Achievement, Letters of Commendation, and similar documents are not considered personal decorations and as such are not recorded on the DD Form 214.

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 12 January 1968, 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 
12 January 1971.

The application is dated 13 August 1997 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

___mkp__  ___eja__  ___le____  CONCUR WITH DETERMINATION

		Loren G. Harrell
		Director

INDEX

CASE ID	AR1999023737	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990325	
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. 107.00		
2. 142.00		
3.		
4.		
5.		
6.