| Mr. Carl W. S. Chun | Director | |
| Mr. Lee Cates | Analyst |
| Mr. Walter T. Morrison | Chairperson | |
| Mr. Thomas F. Baxter | Member | |
| Mr. John T. Meixell | Member |
APPLICANT REQUESTS: That his records be corrected to show entitlement to award of the Purple Heart. He states he was wounded in combat in Vietnam on 7 December 1968. He provides a letter of support from a former soldier, which relates that he and his squad of 4 soldiers, while returning from a patrol outside a fire base, were mistaken for the enemy and fired upon by the perimeter guard. He and the applicant received shrapnel wounds from fragmented M-16 shells that ricocheted off of the surrounding surface area, as they dove for cover. He received wounds to the back of the left leg and the applicant received wounds to the left buttock and lower leg.
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 available military records show:
On 10 January 1968, he was inducted into the Army of the United States. He completed his required training and was awarded military occupational specialty 11B (Light Weapons Infantryman).
During the period 17 July 1968 to 15 July 1969, he served in 505th Infantry, in Vietnam. On one occasion he received nonjudicial punishment under Article 15, Uniform code of Military Justice for sleeping on guard duty.
On 9 January 1970, he was honorably separated under Army Regulation 635-200, chapter 4, based on the expiration of his term of service. His separation document indicates he had 2 years of creditable service. He was awarded the Bronze Star Medal, the Army Commendation Medal, the National Defense Service Medal, the Combat Infantryman Badge and the Parachutist Badge.
His Enlisted Qualification Record shows no listing under item 40 (Wounds).
There is no record of medical treatment for wounds received in Vietnam.
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, 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 9 January 1970, the date the applicant was separated from active duty. The time for the applicant to file a request for correction of any error or injustice expired on 9 January 1973.
The application is dated 22 October 1999 (postmarked 8 February 2001) 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
| CASE ID | AR2001053492 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20010403 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 107.000 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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