APPLICANT REQUESTS: Reconsideration of his previous request to correct his records to reflect award of the Purple Heart.
APPLICANT STATES: In effect, that the medical records verify that he was wounded twice as a result of direct combat.
NEW EVIDENCE OR INFORMATION: Incorporated herein by reference are military records which were summarized in a memorandum of consideration (MOC) prepared to reflect the Board's original consideration of his case on 17 July 1996 (COPY ATTACHED).
In support of his request the applicant provides a copy of two pages of medical record entries dated 1 and 2 May 1971, and 3 June 1971. The entry for 1 May states, in effect, that patient came out of the field with powder burns in his left eye, it was irrigated and seemed to be clear of foreign matter. The 2 May entry states that patient returned and salve was used for the treatment. The 3 June entry read that a booby trap went off within 10 feet of the patient and after had difficulty hearing.
Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded to an individual who is wounded in action against an enemy of the United States, the armed force of a foreign country which is or has been engaged, while serving with a friendly foreign forces against an opposing force even though the U.S. is not engaged, as the result of any act of such enemy or opposing force or as a result an act of any hostile force. A wound is considered torn or permanently damaged tissue.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
1. The applicant was treated for temporary conditions not for a wound.
2. Prior to reaching the determination that it was not in the interest of justice to excuse the failure to timely file, the Board looked at the entire file. It was only after all other aspects had been considered and it had been concluded that there was no basis to recommend a correction of the records that the Board considered the statute of limitations. Had the Board determined that an error or injustice existed it undoubtedly would have recommended relief in spite of the failure to submit the application within the 3 year time limit. The Board has
never denied an application simply because it was not submitted within the required time.
3. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy the aforementioned requirement.
4. In view of the foregoing, there is no basis for granting the applicant's request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
Loren G. Harrell
Director
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