MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:            11 February 2000    
	DOCKET NUMBER:   AR1999029039

	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 Purple Heart.  In a statement authored by the applicant he notes that on 2 July 1969 he sustained a shrapnel wound to his back and jaw when the “track” he was riding in was hit by “one or two RPG’s.” He states that he was awarded a Bronze Star Medal with “V” device “for that days work” and that he was treated at an aid station.  He also submits a newspaper article detailing the death of a fellow soldier during the 2 July action.

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 December 1968.  Following successful completion of basic and advanced individual training he was assigned to Vietnam as an infantryman in May 1969.

On 22 August 1969 he was awarded a Bronze Star Medal with “V” device for his heroic actions on 2 July 1969.  His award citation notes that the applicant was returning from a patrol when his element came under intense fire from a company size enemy force.  “In the initial attack, an Armored Personnel Carrier was hit by three rocket propelled grenades which wounded several friendly soldiers.  With complete disregard for his personal safety [the applicant] dismounted from his Armored Personnel Carrier and moved to the damaged vehicle [emphasis added].”

The applicant remained in Vietnam until July 1970 when he returned to the United States and was released from active duty on 13 July 1970.  Neither his DD Form 214, nor his DA Form 20 (enlisted qualification record) reflect entitlement to the Purple Heart and item 40 (wounds) on his DA Form 20 is blank.

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.  Wounds so slight that they do not require treatment by a medical doctor do not meet the requirements for award of the Purple Heart.

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 13 July 1970, the date the applicant was released from active duty.  The time for the applicant to file a request for correction of any error or injustice expired on 13 July 1973.

The application is dated 8 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

___mkd__  _____gdp  ____tbr_  CONCUR WITH DETERMINATION

		Karl F. Schneider
		Director, Army Review Board’s Agency

INDEX

CASE ID	AR1999029039	
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         1.61	142.00	
2.		
3.		
4.		
5.		
6.