MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:            28 November 2000  
	DOCKET NUMBER:   AR2000043066

	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. Carl W. S. Chun		Director	
	Ms. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. John H. Kern		Member	
	Mr. Wilfred A. Hale		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:  In effect, award of the Legion of Merit and the Soldier's Medal.  He states, in effect, that while serving in Southwest Asia during the Persian Gulf War he came to the aid of a fellow soldier who was having a heart attack and was able to go for help which enabled the soldier to receive medical care.  He also noted that while Patriot Missiles were being launched he left the safety of his own cover to locate another soldier to make sure that he was safe.  He states that he did not feel he did "anything that warrants a medal" but was told by another soldier that he was going to be recommended for award of the Legion of Merit and the Soldier's Medal.

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 from his service during the Persian Gulf War were not available to the Board.  Information contained herein was reconstructed solely from information provided by the applicant.

The applicant was a member of the Army National Guard when he was ordered to active duty with the 206th Military Police Company in support of Operation Desert Shield/Storm.  

In January 1991 while in the "reception area for the troops" he and two other soldiers were awaken by "loud moaning coming from [another soldier's] bed."  The applicant indicated that he and the other soldiers went to the aid of the sick soldier and when they discovered that he was having a heart attack the applicant "ran downstairs to operations and told them that Jim was having a heart attack."

Shortly thereafter the applicant stated that he and other soldiers were "standing in line for chow" when Patriot Missiles were "launched nearby."  He notes that he ran for cover but then noticed that he was alone but worried about his friend Tom.  He indicated that he left his "cover to go look for him" when there was another explosion.  He states that he saw his friend "hiding behind this big gray electrical box" and was so "happy to see him alive [he] gave him a big hug."

Following the applicant's return to the United States he notes that he sought counseling from the VA and is currently receiving disability compensation for "post traumatic stress."

Army Regulation 600-8-22 states, in pertinent part, that the Legion of Merit is awarded to individuals who distinguish themselves by exceptionally meritorious conduct in the performance of outstanding services and achievements.  The performance must merit recognition of key individuals for service rendered in a clearly exceptional manner.  Performance of duties normal to the grade, branch, specialty or assignment and experience of an individual is not an adequate basis for this award.  

Army Regulations 600-8-22 also provides that the Soldier's Medal is awarded for distinguished heroism not involving conflict with the enemy.  The same degree of heroism is required as for the award of the Distinguished Flying Cross.  The action must have involved personal danger or hazard and the voluntary risk of life.  Awards are not to be based solely upon the saving of a life.  

As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required for both the Legion of Merit and the Soldier's 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 in 1991, the year the applicant indicates he performed actions which may have warranted award of the Legion of Merit and Soldier's Medal.  The time for the applicant to file a request for correction of any error or injustice expired in 1994.

The application is dated 18 May 2000 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

__jhk___  ____wah_  ___mkp__  CONCUR WITH DETERMINATION

    Carl W. S. Chun
    Director, Army Board for Correction
	                of Military Records

INDEX

CASE ID	AR2000043066	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001128	
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.