MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:            17 August 2000    
	DOCKET NUMBER:   AR2000043454

	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. Sherri V. Ward		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Linda D. Simmons		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 with "V" device, a Purple Heart and the Air Medal.  In support of his request he submits an April 1971 memorandum indicating he was "awarded a Bronze Star for Valor, Purple Heart and Air Medal for service in Vietnam."

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 arrived in Vietnam in June 1969.  While in Vietnam he was convicted by a special court-martial for possession of marijuana.  He returned to the United States in July 1970 after serving one month in confinement.  There are no orders confirming any of the awards he is now claiming entitlement to.

In December 1970 the applicant was convicted by a special court-martial for being absent without leave between 7 November and 9 December 1970.

The applicant was apparently ultimately charged with larceny while at Fort Bragg, North Carolina and on 7 May 1971 was discharged under other than honorable conditions in lieu of trial by court-martial.  The April 1971 endorsement from his brigade commander to the Commanding General, 82nd Airborne Division, and submitted as evidence in support of his request, regarding the character of the applicant's proposed administrative separation is the only source document for the awards in question.

The applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and his DA Form 20 (Enlisted Qualification Record) do not reflect entitlement to the Bronze Star Medal, Purple Heart or Air Medal.  The applicant authenticated his DA Form 20 on 2 April 1971 and his DD Form 214 on the date of his separation.

In 1976, during the applicant's hearing at the Army Discharge Review Board, the applicant's counsel indicated that he was not sure where the applicant's brigade commander "got the idea [the applicant] got these [awards]…because there's nothing else in the records that would indicate that."

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.  The applicant has presented no medical evidence that supports award of the Purple Heart.

Army Regulation 600-8-22 also states that the Bronze Star Medal and Air Medal are personal decorations, which require a recommendation, approval through the chain of command and announcement in orders.  There is no evidence that the applicant was ever recommended for or awarded either decoration.

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 7 May 1971, 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 
7 May 1974.

The application is dated 30 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

__svw___  ___mhm__  _____lds  CONCUR WITH DETERMINATION

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

INDEX

CASE ID	AR2000043454	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000817	
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.