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Decision Text

ARMY | BCMR | CY1997 | 9711255
Original file (9711255.rtf) Auto-classification: Denied
APPLICANT REQUESTS: That his military records be corrected to show that he was awarded the Purple Heart. He states that there is no entry in the records of him receiving shrapnel in the left arm which would have authorized the award of the Purple Heart. He states that the error was no fault of the service, it was just the conditions at the time, and the shortage of men. He stayed with his men, bound his own wounds and was able to perform his duties.
He further states that he is furnishing a copy of the VA rating decision and a copy of a VA medical report concerning himself. (The VA medical report was not attached to the application when it was received by the ABCMR).

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 on 17 June 1943 and through a series of reenlistments remained on active duty until he was honorably discharged on 1 October 1953.

His awards include the Combat Infantryman Badge, the Good Conduct Medal, the Asiatic-Pacific Campaign Medal, the World War II Victory Medal, the Philippine Liberation Medal, the Korean Service Medal, the United Nations Service Medal, the Army of Occupation Medal (Japan), the American Defense Medal, the Bronze Star Medal, the National Defense Service Medal and the Expert and Sharpshooter Badges with rifle bars.

There is no evidence in the applicant’s existing personnel or medical records showing that he was wounded in action. The VA rating decision referred to in his application indicates that he was wounded while engaged in setting up




trip flares in front of his company’s position during combat in Korea. His record shows, however, that this information was apparently inadvertently quoted from the citation of another individual who was also awarded the Bronze Star Medal (BSM) on the same order as the applicant. The applicant was awarded the BSM for meritorious service.

The missing VA medical report he refers to would probably have little or no impact on determining his eligibility for the Purple Heart. Such reports, without corroborating evidence from the military record, do not usually provide the independent documentation necessary to support 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 1 October 1953 , the date of his discharge. The time for the applicant to file a request for correction of any error or injustice expired on 1 October 1956.

The application is dated 5 March 1996 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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