| Mr. Carl W. S. Chun | Director | |
| Mr. Lee Cates | Analyst |
| Ms. June Hajjar | Chairperson | |
| Ms. Celia L. Adolphi | Member | |
| Mr. Harry B. Oberg | Member |
APPLICANT REQUESTS: That his records be corrected to show entitlement to award of the Purple Heart (PH). He indicates that “In March 1945, while in combat in Germany, I jumped on a river bank and fell, striking my knee against a rock”.
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 available military records show:
On 3 June 1944, he entered on active duty as a commissioned officer of the Army Reserve.
During the period 1 March to 18 June 1945 (3 months and 7 days), he served in the European Theater of Operations (ETO).
On 5 March 1946, a WD AGO Form 63 (Report of Physical Examination) indicates “The nature of this officer’s disability is diagnosed as (1) injuries, secondary results of, manifested by aching and weakness of right knee, sequel to twisting injury received in fight in 1943 while playing authorized football … (2) Spondylolisthesis, 1st degree, L5 and S1, cause undetermined”.
On 19 March 1946, a WD AGO Form 63 (Report of Physical Examination) indicates the individual concerned fell, striking his knee against a rock. The report concluded that “the nature of this officer’s disability is diagnosed as (1) injuries, secondary results of, manifested by aching and weakness of right knee, sequel to twisting injury received in fight in 1943 while playing authorized football at Fort Riley, Kansas and arthrotomy for removal of lateral cartilage 17 August 1945 at ASF Regional Station Hospital, Fort Bragg, N.C. (2) Spondylolisthesis, 1st degree, L5 and S1, cause undetermined.”
On 19 March 1946, he was honorably separated based on his physical disability. His separation document indicates he had 1 year, 5 months and 9 days of creditable service.
On 21 January 1988, officials at the Army Reserve Personnel Center, St. Louis, Missouri advised the applicant that, in order to verify his entitlement to award of the Silver Star and the PH, he should provide a copy of the general order or the general order number and the name of the issuing headquarters.
Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.
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 discovered on 19 March 1946, the date the applicant was relieved from active duty. Since the Correction Board was established on 2 January 1947, the time for the applicant to file a request for correction of any error or injustice expired on 2 January 1950.
The application was received on 21 January 2001 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
_jh_____ _hbo____ _cla____ CONCUR WITH DETERMINATION
| CASE ID | AR2001053691 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20010405 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 107.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2014 | 20140000126
The ABCMR denied the previous request for award of the Purple Heart because the alleged error or injustice should have been discovered on 28 February 1972 and the time for him to have filed expired on 28 February 1975. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action. The evidence of record shows the applicant fell off of a hill and twisted his knee while in Vietnam.
ARMY | BCMR | CY2014 | 20140000126
The ABCMR denied the previous request for award of the Purple Heart because the alleged error or injustice should have been discovered on 28 February 1972 and the time for him to have filed expired on 28 February 1975. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action. The evidence of record shows the applicant fell off of a hill and twisted his knee while in Vietnam.
ARMY | BCMR | CY1997 | 9709902
APPLICANT REQUESTS : In effect, correction of his military records to reflect that he was wounded as a result of hostile actions during World War II. He states while in France during World War II he was shot and fell 15 to 20 feet from a pole hurting “every bone in [his] body.” He notes the absence of an entry on his separation document confirming he was wounded as a result of hostile action (item 34) has prevented him from obtaining “full benefits” from the VA. (Note: The applicant also...
ARMY | BCMR | CY1997 | 9709902C070209
APPLICANT REQUESTS: In effect, correction of his military records to reflect that he was wounded as a result of hostile actions during World War II. 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. 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.
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Straight leg raises were negative for radicular symptoms and muscle strength and reflexes were normal.The MEB narrative summary (NARSUM)on24June 2004, noted the back pain was aggravated by bending, twisting, stooping, running and interfered with carrying heavy loads while marching.During examination thoracolumbar flexion ranged from 57 degrees anddecreased to 63 degrees, by the third repetition (57, 60, and 63). The Board directed attention to its rating recommendationbased on the above...
ARMY | BCMR | CY2008 | 20080013655
Entries from the applicant's service medical records show he was treated for severe defective hearing. A record of treatment, highlighted by the applicant, dated 15 January 1946, show the applicant was treated for a painful right knee. Army Regulation 600-45 (Decorations), then in effect, which governed the award of Army decorations until 23 August 1951, stated the Purple Heart was awarded to citizens of the United States serving with the Army, who are wounded in action against an enemy of...
AF | PDBR | CY2013 | PD-2013-02598
Also noted was “decreased sensation over T12-L1 dermatomal areas to include genitalia.” This examiner also reported the absence of any lower extremity muscle weakness. Undeniably the CI suffered additional lower extremity pain from the nerve involvement, but this is subsumed under the general spine rating criteria, which specifically states “with or without symptoms such as pain (whether or not it radiates).” The lower extremity pain components in this case have no functional implications. ...
ARMY | BCMR | CY2014 | AR20140003753
The applicant provides: * Standard Form 88 (Report of Medical Examination), dated 4 August 1980 * Optional Form 275 (Medical Record Report), dated 30 April 1981, pertaining to Silas B. Hays Army Community Hospital Transfer Summary * 2 Standard Forms 519-A (Radiographic Report), dated 2 and 4 May 1981 * Optional Form 275, dated 1 July 1981, pertaining to his MEB * U.S. Army Physical Disability Agency (USPDA) Form 18 (Revised PEB Proceedings) (first page only), dated 10 September 1981 * DA...
AF | PDBR | CY2013 | PD-2013-02682
The Board’s assessment of the PEB rating determinations is confined to review of medical records and all available evidence for application of theVASRD standards to the unfitting medical condition at the time of separation. Chronic Back Pain . The diagnoses of lumbar radiculitis involving the right L4-L5 nerve roots, spondylolisthesis (degenerative versus congenital), and lumbar spinal stenosis, severe at L4-L5-S1 on the right, were recorded.
ARMY | BCMR | CY2006 | 20060006190C070205
These morning report codes do not show he was wounded as a result of hostile action during combat. The evidence provided has been considered; however, there is no conclusive evidence the applicant was treated for a wound he may have sustained as a result of hostile action with the enemy during World War II. Records show the applicant should have discovered the alleged error or injustice now under consideration on 2 February 1946, the date of his separation from active duty.