MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:            11 February 2000      
	DOCKET NUMBER:   AR1999028262

	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.  

	Ms. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. George D. Paxson		Member	
	Mr. Thomas B. Redfern, III		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 Bronze Star Medal.  He states that during the “TET Offensive 1969” his unit was overrun and they “took heavy casualties and losses in life.”  He states that all 18 members of his unit were awarded the Bronze Star Medal but “for unknown reasons” he never received his award.  Other than his own statement and copy of his promotion orders, which he annotated with information concerning other members of his unit, the applicant submits no evidence in support of his request.

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 5 April 1968 and was assigned to Vietnam as a military policeman in September 1968.  He remained in Vietnam until September 1969 when he returned to the United States and was assigned to Fort Riley, Kansas.

The applicant remained at Fort Riley for the duration of his enlistment contract and on 2 April 1971 was released from active duty with an honorable characterization of service.  Neither his DD Form 214, nor his DA Form 20 (enlisted qualification record), reflect entitlement to the Bronze Star Medal. 

Army Regulation 600-8-22 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.

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 2 April 1971, 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
2 April 1974.

The application is dated 4 July 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

___mkp__  ____gdp __tbr___  CONCUR WITH DETERMINATION

		Karl F. Schneider
		Director, Army Review Boards Agency

INDEX

CASE ID	AR1999028262	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000211	
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         1.60	142.00	
2.		
3.		
4.		
5.		
6.