APPLICANT REQUESTS:  That his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show the award of the Purple Heart.

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 was born on 25 January 1945.  He completed 10 years of formal education.  On 23 August 1966, the applicant enlisted in the Regular Army for 4 years.  His Armed Forces Qualification Test score was 21 (Category IV).  He completed the required training and was awarded military occupational specialty 76Y10 (Unit Supply Specialist).  The highest grade completed was pay grade E-4.

The applicant’s military record indicates that he served honorably in Korea and Vietnam for a total of 33 months and the applicant received numerous awards for his honorable service.  However, there is no evidence in the applicant’s Official Military Personnel File which indicates he was treated by a medical doctor for a wound sustained as a result of hostile action.

On 10 September 1970, the applicant was honorably discharged from active duty, in pay grade E-4, under the provisions of Army Regulation 635-200, chapter 5 (early separation of overseas returnees).  His DD Form 214, indicates that he had 3 years, 11 months and 18 days of creditable active service. He was authorized the Army Commendation Medal, the Good Conduct Medal, the National Defense Service Medal, the Armed Forces Expeditionary Medal, the Vietnam Service Medal and the Vietnam Campaign Medal.

There is no evidence in the applicant’s Official Military Personnel File which indicates that he was entitled to the Purple Heart, nor has he submitted any evidence in support of his allegation.

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. 

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 
10 September 1970, the date the applicant was discharged.  The time for the applicant to file a request for correction of any error or injustice expired on 10 September 1973.

The application is dated 2 January 1996, 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

                      CONCUR WITH DETERMINATION




		Karl F. Schneider
		Acting Director