MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           27 JUNE 2002                   
	DOCKET NUMBER:   AR2002071105

	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. Irene N. Wheelwright		Chairperson	
	Ms. Kathleen A. Newman		Member	
	Mr. Richard T. Dunbar		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 Bronze Star Medal.  He states he was "put in for the Bronze Star before leaving Vietnam."  He 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 entered active duty in February 1968.  While undergoing training at Fort Gordon, Georgia he was awarded an Expert Qualification Badge with "Rifle" bar. The qualification badge was omitted from his separation document.

In September 1968 the applicant was assigned to Vietnam as a grenadier with the 199th Infantry Brigade.  He remained with that unit until he was reassigned as an ammo bearer with the 11th Armored Cavalry Regiment in April 1969.  The applicant was awarded an Army Commendation Medal with "V" device for his heroic actions on 24 May 1969.  Orders issued by the II Field Force confirmed the award.

The applicant remained in Vietnam until October 1969 when he returned to the United States.  Shortly after his departure from Vietnam, orders were published by the II Field Force awarding the applicant an Army Commendation Medal for meritorious service during the period "April 1969 to October 1969."  That decoration, however, was omitted from the applicant's separation document.

The applicant was discharged from active duty on 20 March 1970.

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.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  

By virtue of his assignment in Vietnam the applicant is entitled to four bronze service stars on the Vietnam Service Medal reflected on his separation 

document.  The bronze service stars represent participation in four designated campaign periods while in Vietnam (Vietnam Counteroffensive-Phase IV and V, Tet 69 Counteroffensive-1969, and Vietnam Summer-Fall-1969).  He is also entitled to the Republic of Vietnam Gallantry Cross Unit Citation with Palm.

While the applicant's records do not contain a recommendation for award of the Bronze Star Medal it is possible that he was recommended for such an award and the recommendation was downgraded resulting in his award of the Army Commendation Medal for meritorious service.  Because the Army Commendation Medal was awarded after his departure from Vietnam he may not have been aware of the final outcome of any award recommendation initiated prior to his departure.  The applicant submits no evidence which would serve as a basis to show that he was awarded a Bronze Star 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 on 20 March 1970, the date he was discharged.  The time for the applicant to file a request for correction of any error or injustice expired on 20 March 1973.

The application is dated 24 March 2002 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.

NOTE:  Officials at the ARBA Support Division in St. Louis are requested to administratively correct the applicant’s separation document to reflect award of an Expert Qualification Badge with "Rifle" bar, two awards of the Army Commendation Medal, one with a "V" device for heroism and the other for 

meritorious service, four bronze service stars on his Vietnam Service Medal, and the Republic of Vietnam Gallantry Cross Unit Citation with Palm.

BOARD VOTE:

________  ________  ________  EXCUSE FAILURE TO TIMELY FILE

________  ________  ________  GRANT FORMAL HEARING

__INW __  _   KAN__  __RTD      CONCUR WITH DETERMINATION

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

INDEX

CASE ID	AR2002071105	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020627	
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.	107.00	
2.		
3.		
4.		
5.		
6.