MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            30 January 2001                  
	DOCKET NUMBER:   AR200046231

	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:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Thomas E. O’Shaughnessy		Member	
	Ms. Brenda F. Hirschi		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:  That his records be corrected to reflect award of the Purple Heart, Bronze Star Medal with "V" device and the Combat Infantryman Badge.  

He states he was assigned to the 27th Infantry Battalion in 1968 and "should have been issued a Combat Infantryman Badge."  He also notes that he was "recommended in writing for a Bronze Star" but never received the award.  He states that while assigned to the 334th Supply Company, between 1970 and 1972, incoming mortar rounds wounded him with shrapnel in his right arm but he never received a Purple Heart.  

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 served an initial period of active duty between 1951 and 1953 and returned to active duty in July 1955.  

The applicant served two tours of duty in Vietnam.  He was assigned as a senior vehicle repairman (63C) with the 25th and 27th Infantry Divisions between March 1968 and June 1968.  Between August 1970 and February 1972 he was assigned to the 334th Supply and Service Company in Vietnam where he performed duties in the supply arena (76 series specialty).

On 31 October 1973 the applicant was permanently retired by reason of physical disability.  His disability was based on loss of vision in his left eye secondary to granulomatous uveitis and retinal detachment.  The condition was "not based on disability resulting from injury or disease received in line of duty as a direct result of armed conflict or caused by an instrumentality of war…."

His Medical Evaluation and Physical Evaluation Boards are silent regarding any wounds sustained as a result of hostile action.

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 which confirms he was wounded as a result of hostile action while in Vietnam.

There are basically three requirements for award of the Combat Infantryman Badge.  The soldier must be an infantryman (11 series specialty), assigned to an infantry unit during such time as the unit is engaged in active ground combat, and must have actively participated in such ground combat.  There is no evidence the applicant was an infantryman (11 series specialty) and as such there is no basis for award of the Combat Infantryman Badge.

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.  The "V" device denotes participation in acts of heroism involving conflict with an armed enemy and when awarded with the Bronze Star Medal denoted the award was made for heroism as opposed to service.  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 with "V" device.

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 31 October 1973, the date he was retired by reason of disability and released from active duty.  The time for the applicant to file a request for correction of any error or injustice expired on 31 October 1976.

The application is dated 1 August 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

__aao__  ___teo__  __bfh___  CONCUR WITH DETERMINATION

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

INDEX

CASE ID	AR2000046231	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010130	
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.