APPLICANT REQUESTS: That his WD AGO Form 53-55, Report of Separation, be corrected to show that he was wounded in action during World War II. He contends that he spent 3 months in the hospital during his service for anxiety factor as a result of combat related events which should be reflected on his discharge as wounds received in action.
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 11 December 1942 and served 1 year, 6 months and 9 days in the China-Burma-India Theater of Operations. He was honorably discharged upon demobilization as a corporal on 7 January 1946. His awards include the American Theater Ribbon, the Asiatic Pacific Theater Ribbon, the Good Conduct Medal and the World War II Victory Medal.
His WD AGO Form 53-55 reflects the entry none in the block entitled wounds received in action. His medical records show that he was admitted to the hospital on 6 February 1945 for anxiety state, phobic, moderately severe, precipitated by battle experiences. The final diagnosis upon his release was psychoneurosis, anxiety state, moderate, cause: battle experiences, manifested by anxiety, apprehension, tremulousness and startle reaction, battle dreams, somatic complaints without organic findings and emotional instability. There is no evidence in the record to indicate that he suffered trauma as the result of an external object such as an enemy bullet, shrapnel or other projectile.
Based on the evidence of record, it does not appear that the applicant suffered a combat wound of the type that would traditionally be reflected on the report of separation as a wound received in action.
Websters Dictionary defines wound as an injury, especially one in which the skin or other external organic surface is torn, pierced, cut or otherwise broken.
Army Regulation 600-8-22, Military Awards, provides that a wound is defined as an injury to any part of the body from an outside force or agent. It further provides that when contemplating award of the Purple Heart for wounds received in action, injuries or wounds such as battle fatigue do not qualify for the award.
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 7 January 1946, the date he was discharged from active duty and signed his WD AGO Form 53-55. However, in view of the fact that the Board was not established until 2 January 1947 the applicants 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 24 May 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
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