MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:  25 August 1999
	DOCKET NUMBER:   AR1999025484

	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. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Mr. Allen L. Raub		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:  That he be awarded the Purple Heart.  He states that he was wounded by scrap metal in the left shoulder while on patrol in Vietnam but never received the award possibly because he changed units shortly after.

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 enlisted and entered active duty on 5 February 1969.  He completed infantry training and was assigned to Vietnam as a rifleman.  On 7 October 1969 he reenlisted for assignment as a mechanic.  On reenlistment a DD Form 214 (report of separation) was issued.  It does not show the Purple Heart as an authorized award but does show the Combat Infantryman Badge awarded on 22 August 1969.  The applicant authenticated the DD Form 214 with his signature.

Effective 30 January 1970 he was assigned as a vehicle mechanic, was promoted to grade E-4, and his infantry specialty was withdrawn.  On 8 July 1970 he was awarded the Army Commendation Medal for the period July 1969 to July 1970.  On 6 October 1972 he was separated from active duty and transferred to the Army Reserve.  His DD Form 214 for this period of service, which he authenticated with his signature, does not show the Purple Heart as an authorized award.

The applicant’s DA Form 20 (qualification record), in block 40 (wounds), is blank. There are no orders in the available record or provided by the applicant to show that he was awarded the Purple Heart.

His available medical records, which appear to be complete, show that on 11 September 1969 he had a dressing changed and was to return daily for a new dressing.  He continued to receive medical treatment to include an orthopedic evaluation for pain and limited range of motion in his left shoulder.  None of these clinical records mention the treatment being for a shrapnel wound as a result of enemy action.  A 21 January clinical record signed by a Medical Corps captain states that the applicant was injured by scrap metal just below the left shoulder.

On 27 July 1972 he received a medical examination for the purpose of separation.  The applicant noted several health issues on his medial history form to include a 5 September 1969 shrapnel wound to his left shoulder.  The doctor commented appropriately on five of the conditions listed by the applicant.  The doctor made no mention of the shrapnel wound.
Army Regulation 600-8-22 provides, in pertinent part, 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 by a medical officer, 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 6 October 1972, the date of his discharge.  The time for the applicant to file a request for correction of any error or injustice expired on 6 October 1975.

The application is dated 25 March 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

___LS___  ___AR__  ___LE___  CONCUR WITH DETERMINATION

		Loren G. Harrell
		Director

INDEX

CASE ID	AR1999025484	
SUFFIX		
RECON		
DATE BOARDED	19990825	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.