APPLICANT REQUESTS: That the Purple Heart and the Good Conduct Medal be added to his DD Form 214, Report of Transfer or Discharge.
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 on 21 February 1966 and was honorably discharged on 8 June 1970 in pay grade E-4. During his service, he completed a 7-month tour in Germany and two tours of 12 months and 11 months respectively in Vietnam. His significant awards include the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the Vietnam Gallantry Cross Unit Citation, the Vietnam Civil Action Unit Citation, the Expert Badge with automatic rifle bar and the Marksman Badge with rifle bar.
The applicants record shows that he was medically evacuated from Vietnam on 15 August 1969; however, there is no indication of the reason for that evacuation. Neither his medical records nor the morning reports of the unit to which he was assigned at the time, contain any indication that he was a battle casualty or was treated for wounds received in action.
Similarly, the records do not show that he was ever recommended for award of the Good Conduct Medal by his unit commander. This may be due, in part, to the fact that he twice accepted nonjudicial punishment under the provisions of Article 15, UCMJ, and, as the result of a separate incident, had his security clearance removed and his record annotated that he was not eligible for a security clearance or assignment to sensitive duties.
Army Regulation 600-8-22 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.
The same regulation provides that the Good Conduct Medal is awarded for exemplary behavior, efficiency and fidelity for a specific period of service, normally 3 years. The enlisted person must be recommended for the award and it must be announced in general orders.
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 8 June 1970, the date of discharge. The time for the applicant to file a request for correction of any error or injustice expired on 8 June 1973.
The application is dated 25 May 1993 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
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