MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:  18 January 2001
	DOCKET NUMBER:  AR2000048942

	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	
	Mr. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. John T. Meixell		Member	
	Mr. Melvin H. Meyer		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 record be corrected to show entitlement to award of the Purple Heart.  He indicates he was wounded on 23 February 1968 outside of Hue, Vietnam.  He claims to have been hit by a mortar round.  Further, he requests that a Bronze Star Medal (BSM) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) should shown as the VSM (Vietnam Service Medal) and Bz Svs Star (bronze service star). 

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:

On 31 October 1966, he enlisted in the Army.  He completed his required training and was awarded military occupational specialty 76P (Stock Control and Accounting Specialist).  He was advanced to pay grade E-4 effective 13 June 1968.

During the period 14 December 1967 to 2 December 1968, he served in Vietnam.

On 2 September 1969, he was honorably separated early under Army Regulation 635-200 to attend school.  His separation documents indicates he had 2 years, 10 months and 2 days of creditable service.  He was entitled to award of the Army Commendation Medal, the Air Medal with numeral 2, the National Defense Service Medal, the Combat Infantryman Badge, the Parachutist Badge, the Vietnam Service Medal with 4 bronze service stars and the Vietnam Campaign Medal with 60 device.  There is no evidence of award of the BSM.

Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound 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, and the medical treatment must have been made a matter of official record.

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 2 September 1969, the date he was separated from active duty.  The time for the applicant to file a request for correction of any error or injustice expired on 2 September 1972.

The application is dated 21 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

__js____  ___jm____  __mm____  CONCUR WITH DETERMINATION

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

INDEX

CASE ID	AR2000048042	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010118	
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         1.107	PH	
2.		
3.		
4.		
5.		
6.