MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:            3 April 2001      
	DOCKET NUMBER:   AR2000048725

	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. Walter t. Morrison		Chairperson	
	Mr. Thomas Baxter		Member	
	Mr. John T. Meixell		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, that his records be corrected to reflect award of the Combat Infantryman Badge and the Purple Heart.  He states he was wounded in action in the "Battle for Loc Ninh" and that he is entitled to the Combat Infantryman Badge and Purple Heart for "wounds, combat, shell shock." He submits no evidence in support of his request although his application reflects the names of two other enlisted soldiers.

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 1 April 1966.  In January 1967, following successful completion of basic and advanced individual training, he was assigned to Vietnam as a radio teletype operator (specialty 05C) with the 21st  Signal Battalion of the 1st Infantry Division.  The applicant remained in Vietnam until January 1968 when he returned to the United States and was assigned to Fort Sill, Oklahoma.

On 22 January 1969 the applicant was voluntarily released from active duty in order to attend school.  Neither his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) nor his DA Form 20 (Enlisted Qualification Record) reflect entitlement to the Combat Infantryman Badge or the Purple Heart and item 40 (wounds) on his DA Form 20 is blank.  The applicant authenticated his DA Form 20 in December 1968 and his DD Form 214 on the date of his separation.

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.  The applicant was not an infantryman assigned to an infantry unit while in Vietnam and as such did not meet the requirements for award of the Combat Infantryman Badge.

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, nor has the applicant provided any, that he was wounded as a result of hostile action while in Vietnam and as such there is no basis to award him 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 22 January 1969, the date the applicant was released from active duty and authenticated his separation document confirming the information that was recorded was correct.  The time for the applicant to file a request for correction of any error or injustice expired on 22 January 1972.

The application is dated 10 October 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

___wtm__  ___tb___  ___jtm__  CONCUR WITH DETERMINATION

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

INDEX

CASE ID	AR	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	YYYYMMDD	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.