| Mr. Carl W. S. Chun | Director | |
| Ms. Gale J. Thomas | Analyst |
| Mr. Fred N. Eichorn | Chairperson | |
| Mr. John E. Denning | Member | |
| Mr. Terry L. Placek | Member |
APPLICANT REQUESTS: That his records be corrected by awarding him the Purple Heart, and by adding all of his awards to his DD Form 214 (Certificate of Release or Discharge from Active Duty). The applicant states that he sustained an injury to his right knee while preparing to escort a convoy, however the paperwork was not completed for him to receive the Purple Heart.
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:
The applicant enlisted in the Regular Army on 28 October 1952, and served continuously until his retirement on 31 October 1972.
The applicant's DD Form 214 issued at the time of his retirement accurately reflects the awards he achieved during that specified period of service (14 March 1970 to 31 October 1972). The applicant's earlier DD Forms 214 also reflect awards he received during the periods of service captured by each report of separation.
There is no evidence in the applicant's medical records nor does he provide documentation to substantiate his claim that he received an injury to his right knee which would justify award of the Purple Heart.
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.
Army Regulation 635-5, in effect at the time, provided that the DD Form 214 would be prepared for all personnel at the time of discharge, retirement or release from active duty, to include those members discharged for immediate reenlistment. The regulation further stated that item 24 of the DD Form 214 would reflect decorations, medals, badges, citations and campaign ribbons awarded or authorized during the period of service captured by the DD Form 214.
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 31 October 1972, the date the applicant was discharged. The time for the applicant to file a request for correction of any error or injustice expired on 31 October 1975.
The application is dated 9 April 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
__FNE __ __JED __ __TLP __ CONCUR WITH DETERMINATION
| CASE ID | AR2001057597 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20010913 |
| 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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