MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:    

	BOARD DATE:           27 April 1999     
	DOCKET NUMBER:   AC98-10901
			              AR1999025044

	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	
	Mr. Kenneth Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Raymond V. O'Connor, Jr.		Member	
	Mr. Curtis L. Greenway		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.

The applicant states he was wounded by shrapnel to his right hand.  He received wounds as a result of an ammunition box being struck by bullets.  

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:

The applicant enlisted in the Army for three years on 9 September 1971.  In July 1972 he was assigned to a unit in Vietnam, where he was awarded the Army Commendation Medal for meritorious service, and twelve awards of the Air Medal.  He returned to the United States and in March of 1973 was assigned to a transportation company at Fort Campbell, Kentucky.  He was discharged at Fort Campbell on 2 September 1974.  His DD Form 214 (Report of Separation), which he authenticated by signing, does not show award of the Purple Heart.  His personnel qualification record, prepared on 1 March 1973, and reviewed by the applicant on 16 July 1980, does not show award of the Purple Heart.

The applicant reenlisted for three years on 3 September 1974 and served continuously on active duty until his discharge on 21 July 1980.   

There is no evidence in the applicant’s records, and the applicant has not provided any evidence to indicate that he was wounded in action.

Army Regulation 600-8-22 provides that the Purple Heart is awarded for a wound 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, and the medical treatment must have been made a matter of official record.

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 21 July 1980, the date of his discharge.  The time for the applicant to file a request for correction of any error or injustice expired on 21 July 1983.

The application is dated 2 July 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

____jns_  ____rvo_  ___clg_____  CONCUR WITH DETERMINATION

		Loren G. Harrell
		Director

INDEX

CASE ID	AC980-10901/AR1999025044	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990327	
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.  107.00		
3.		
4.		
5.		
6.