| Mr. Carl W. S. Chun | Director | |
| Ms. Deborah L. Brantley | Senior Analyst |
| Ms. June Hajjar | Chairperson | |
| Mr. Melvin H. Meyer | Member | |
| Mr. Ernest W. Lutz, Jr. | Member |
APPLICANT REQUESTS: Award of the Purple Heart. He notes that the Purple Heart is not listed on his WD AGO Form 55 (Enlisted Record/Honorable Discharge). He states that he did not realize until recently that the award was not on his separation document. In support of his request he submits a copy of his 1948 separation physical examination.
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 initially entered active duty on 1 December 1942 and was discharged for the purpose of immediate reenlistment on 6 October 1945. He remained on active duty until 19 August 1948.
His August 1948 separation physical examination notes that he was treated for a gunshot wound to his left foot in October 1944.
Information contained in his original military personnel file indicates that on
25 October 1944 the applicant sustained a gunshot wound to his left foot from a pistol. The injury was accidentally incurred and recorded as a non-battle casualty (NBC).
Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for wounds 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 by a medical officer, and the medical treatment must have been made a matter of official record. Wounds which were accidentally incurred do not meet the requirements for award of the Purple Heart.
The applicant's gunshot wound was accidentally incurred and as such is not a basis for 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 19 August 1948, the date he was discharged from active duty. The time for the applicant to file a request for correction of any error or injustice expired on 19 August 1951.
The application is dated 4 February 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. Prior to reaching this determination the Board looked at the applicant's entire file. It was only after all aspects of his case had been considered and it had been concluded that there was no basis to recommend a correction of his record that the Board considered the statute of limitations. Had the Board determined that an error or injustice existed it would have recommended relief in spite of the applicant's failure to submit his application within the three-year time limit.
BOARD VOTE:
________ ________ ________ EXCUSE FAILURE TO TIMELY FILE
________ ________ ________ GRANT FORMAL HEARING
__JH ___ __MHM __EWL__ CONCUR WITH DETERMINATION
| CASE ID | AR2001056360 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20010801 |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 142.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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