APPLICANT REQUESTS: That his social security number (SSN) be corrected, his discharge under other than honorable conditions (UOTHC) be upgraded to honorable and that he be awarded the Purple Heart and the black beret.
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 previously asked this Board to correct his SSN and upgrade his discharge. On 28 April 1986 the US Army Reserve Personnel Center corrected his DD Form 214, Report of Separation, to reflect the requested SSN.
Regarding his discharge, on 3 February 1988 this Board determined that his application had not been filed within the time limits prescribed and that it was not in the interest of justice to excuse his failure to timely file, at that time.
A current review of his records has failed to disclose any evidence that he had been wounded or otherwise injured by enemy action that would warrant award of the Purple Heart.
The black beret was apparently a unit level recognition that was not recorded in official records and is, therefore, beyond the purview of this Board to correct.
There is no evidence that the applicant applied to the Army Discharge Review Board for upgrade of his discharge within its 15-year statute of limitations.
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 20 May 1968, the date of discharge. The time for the applicant to file a request for correction of any error or injustice expired on 20 May 1971.
The application is dated 24 July 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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