APPLICANT REQUESTS:  That he be awarded the Purple Heart for injuries sustained in Vietnam.  He states, in fact, that he was wounded twice by shrapnel and should have been awarded two Purple Hearts.  In support of his request, he provides a letter from his former platoon sergeant in Vietnam.

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 31 October 1966 and was honorably discharged on 30 October 1969.  He served 11 months and 18 days in Vietnam and was awarded the Good Conduct Medal, the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal and the Sharpshooter Badge with rifle bar.

The applicant’s enlisted qualification record contains no entries in the section designated for recording wound information.  Also, there is no information elsewhere in his military personnel file to show that he was wounded as a result of enemy action or otherwise entitled to the Purple Heart.

The supporting information provided with his application provides no specific information insofar as recording any of the applicant’s injuries.

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 30 October 1969, the date of discharge.  The time for the applicant to file a request for correction of any error or injustice expired on 30 October 1972.

The application is dated 27 November 1995 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