MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:.

	BOARD DATE:             4 May 2000       
	DOCKET NUMBER:   AR2000035792

	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:

	Mr. Luther L. Santiful		Chairperson	
	Mr. James P. Stueve		Member	
	Ms. Carol Jo Suiter		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.  He states only that "this notation is absent" and 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 was a member of a Reserve component at the time he entered active duty on 23 November 1966.  He successfully completed "refresher training" and advanced individual training as an armor crewman (11E) prior to being assigned to armor duty positions at Fort Knox, Kentucky and Fort Carson, Colorado.   In July 1967 the applicant accompanied his unit to Vietnam as part of a unit reassignment action.

He remained in Vietnam until he was medically evacuated in March 1969.  There is, however, no indication why he was evacuated and no evidence it was as a result of being wounded in action.

In May 1969 the applicant reported for duty at Fort Knox and in August 1969, apparently while on leave, sustained a gun shot wound to his knee when the pistol he was cleaning accidentally discharged.

The applicant was reassigned to Germany in March 1971, returned to Fort Riley, Kansas in April 1973 and on 12 September 1973 was honorably discharged under the provisions of Army Regulation 635-200 for unsuitability.  In the separation action the applicant's unit commander noted that he was "apathetic toward his career as a solider…expresses no interest in continuing his military service and has been therefore unable to perform any constructive work."  The commander noted he had been counseled extensively and that "he indicated his flagrant apathy by going AWOL…."

Neither his DD Form 214 nor his DA Form 20 (enlisted qualification record) reflect entitlement to the Purple Heart and item 40 (wounds) is blank.  There were no medical records available to the Board and the applicant provided no medical evidence to support his request.

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 wounded as a result of hostile action while in Vietnam.

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 September 1973, the date the applicant was released from active duty and authenticated his separation document.  The time for the applicant to file a request for correction of any error or injustice expired on 12 September 1976.

The application is dated 22 December 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

___lls__  ___jps__  ___cjs__  CONCUR WITH DETERMINATION

		Karl F. Schneider
		Director, Army Review Boards Agency 

INDEX

CASE ID	AR2000035792	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000504	
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.		
3.		
4.		
5.		
6.