APPLICANT REQUESTS: That he be awarded the Purple Heart for wounds received in Vietnam.  He states that he was never recommended for the Purple Heart because his leadership had more pressing problems so his case was set aside for a later time and then apparently forgotten.   

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 enlisted in the Regular Army for 3 years on 3 July 1968 and was honorably discharged in pay grade E-5 on 24 June 1971 after 2 years, 11 months and 22 days of service.  During his term of service he served two overseas tours, the first was in Germany for 19 months 
and the second tour was in Vietnam for 12 months.

His significant military awards include the National Defense Service Medal, the Vietnam Service Medal, and the Vietnam Campaign Medal.

The applicant’s medical records show that on 29 August 1970 while in Vietnam he received treatment to the back of the upper right arm after being accidentally hit by an M-79 round (gernade launcher).  The record contains no other facts or circumstances concerning the wound other than to record that follow-up treatment was accomplished.

Army Regulation 600-8-22, Military Awards, 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 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 24 June 1971, the date of discharge.  The time for the applicant to file a request for correction of any error or injustice expired on 24 June 1974.

The application is dated 27 September 1992 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




		David R. Kinneer
		Executive Secretary