APPLICANT REQUESTS:  Award of the Bronze Star Medal.  In support of his request he submits a 1994 letter from another soldier who relates he was with the applicant in March 1944 when the applicant was seriously wounded by enemy artillery fire “while repairing telephone field wire for the 30th Infantry, 3rd Division.”  He states the applicant was evacuated and he later heard from another solider injured during the same attack that the applicant had been recommended for award of the Bronze Star Medal.

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 was inducted and entered active duty on 30 October 1941. He arrived in the European Theater of Operations in December 1942 where he performed duties as a cook with the 3rd Signal Company, 3rd Infantry Division.

On 8 March 1944, near Conta Belta, Italy, the applicant sustained multiple fragment wounds when an enemy shell exploded.  He was initially treated at the 10th Engineer Battalion Aid Station and ultimately evacuated to the United States in July 1944 and released from active duty with a certificate of disability on 23 October 1945.  He was awarded the Purple Heart on 22 March 1944 while at the 23rd General Hospital.

The applicant’s WD AGO Form 53-55, which the applicant authenticated, does not reflect the Bronze Star Medal as an authorized award.

Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal and the Air Medal are awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  There is no evidence, and the applicant has not provided any which confirms he was ever recommended for or awarded the Bronze Star Medal.
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 
23 October 1945, the date he was discharged from active duty and signed his report of separation.  However, in view of the fact that the board was not established until 2 January 1947 the applicant’s 3 year period in which to file an application for correction of military records expired on 
2 January 1950; 3 years from the date the Board was established.

The application is dated 30 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