MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:            23 March 2000     
	DOCKET NUMBER:   AR1999031604

	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.  

	Ms. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Ms. Shirley L. Powell		Chairperson	
	Mr. Roger Able		Member	
	Mr. James E. Anderholm		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 Purple Heart.  He states he sustained a wound to his buttocks on 6 November 1968 while on patrol in Vietnam.  He notes that because they did not take medical personnel into the field with them “no tag of [his] wounds was filled out” and he never received the Purple Heart.  In support of his request he submits extracts from his service medical records.

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 12 June 1967 and served in Vietnam between July 1968 and July 1969.  According to extracts from the applicant’s service medical records, which he provided, he was treated for “superficial ulcerations” to his buttocks on 6 November 1968.  The medical entry also notes “jungle rot” but makes no mention of any wounds sustained as a result of hostile action.  The applicant continued to receive treatment periodically for infection until 
19 December 1968.

On 19 June 1970 the applicant was released from active duty.  Neither his DD Form 214, nor his DA Form 20 (enlisted qualification record) reflect entitlement to the Purple Heart and item 40 (wounds) on his DA Form 20 is blank.  The applicant last authenticated his DA Form 20 in November 1969 and his DD Form 214 was authenticated on the day he was released from active duty.

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 the medical treatment he received on 6 November 1968 was the result of any wounds sustained as a result of hostile action.

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 19 June 1970, the date the applicant was released from active duty and authenticated his DD Form 214.  The time for the applicant to file a request for correction of any error or injustice expired on
19 Jun 1973.

The application is dated 22 September 1999 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 ARBA St. Louis are advised to issue a DD Form 215 correcting the applicant’s June 1970 DD Form 214 to reflect award of a Bronze Star Medal which the applicant was awar ded for meritorious service during the period 27 July 1968 through 27 March 1969 and which was omitted from his separation report.)

BOARD VOTE:

________  ________  ________  EXCUSE FAILURE TO TIMELY FILE

________  ________  ________  GRANT FORMAL HEARING

___slp__  ____ra__  ___jea__  CONCUR WITH DETERMINATION

		Karl F. Schneider
		Director, Army Review Boards Agency 

INDEX

CASE ID	AR1999031604	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000323	
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.