| Mr. Carl W. S. Chun | Director | |
| Ms. Deborah L. Brantley | Senior Analyst |
| Mr. Raymond V. O’Connor | Chairperson | |
| Ms. Regan K. Smith | Member | |
| Mr. Donald P. Hupman, Jr. | Member |
APPLICANT REQUESTS: Award of the Purple Heart. He states he was "wounded in combat when struck in the face with shrapnel." He notes this happened in July or August 1969. The applicant submits no evidence in support of his request. Counsel offered nothing beyond that noted by the applicant.
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 21 August 1968 and served in Vietnam between March 1969 and March 1970. He was released from active duty on 26 March 1970.
His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), which he authenticated does not reflect entitlement to the Purple Heart.
In 1995 the applicant requested issuance of awards. Included with his request was a list of awards he believed he was authorized. He made no mention of having been awarded or entitled to the Purple Heart.
Army Regulation 600-8-22 provides, in pertinent part, 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.
There is no evidence, and the applicant has not provided any, that he was wounded as a result of hostile action while in Vietnam and as such there is no basis for an award of the Purple Heart.
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 26 March 1970, the date the applicant was released from active duty and authenticated his separation document. The time for the applicant to file a request for correction of any error or injustice expired on 26 March 1973.
The application is dated 12 June 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. Prior to reaching this determination the Board looked at the applicant's entire file. It was only after all aspects of his case had been considered and it had been concluded that there was no basis to recommend a correction of his record that the Board considered the statute of limitations. Had the Board determined that an error or injustice existed it would have recommended relief in spite of the applicant's failure to submit his application within the three-year time limit.
BOARD VOTE:
________ ________ ________ EXCUSE FAILURE TO TIMELY FILE
________ ________ ________ GRANT FORMAL HEARING
__RVO__ __RKS _ __DPH CONCUR WITH DETERMINATION
| CASE ID | AR2001059679 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20011016 |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 142.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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