APPLICANT REQUESTS:  Award of the Purple Heart for injuries sustained on 13 March 1966 when his helicopter crashed during an assault mission.

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 15 June 1965 and was assigned to Vietnam as an infantryman in November 1965.  According to his service medical records he injured his right ankle during a helicopter crash on 13 March 1966.  A short walking cast was placed on his leg on 18 March 1966 and he remained in the hospital overnight.  The cast was removed on 19 April 1966 and he was placed on light duty for 5 days.

In November 1966 he returned to the United States and on 14 June 1967 was released from active duty.  Neither his DD Form 214 nor his DA Form 20 (enlisted qualification record) reflect award of the Purple Heart and item 40 (wounds) on his DA Form 20 is blank.  The applicant authenticated his DA Form 20 on 11 January 1967 and his DD Form 214 on the date of separation.

Army Regulation 600-8-22 provides, 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.  Hospital commanders receiving combat casualties are authorized to award the Purple Heart.  Specifically prohibited from award of the Purple Heart are wounds or injuries accidentally incurred during aircraft accidents which were not caused by enemy action.  There is no evidence, and the applicant has not provided any, which confirms that the helicopter crash resulted from enemy 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 14 June 1967, the date of his release from active duty.  The time for the applicant to file a request for correction of any error or injustice expired on 14 June 1970.

The application is dated 14 April 1994 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