| Mr. Carl W. S. Chun | Director | |
| Ms. Gale J. Thomas | Analyst |
| Ms. Jennifer L. Prater | Chairperson | |
| Mr. Christopher J. Prosser | Member | |
| Mr. Kenneth W. Lapin | Member |
APPLICANT REQUESTS: That his records be corrected by awarding him the Purple Heart. The applicant states that he was wounded in February 1945, during World War II, while splitting the trailer on an artillery piece when his finger on his right hand was mashed.
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 was inducted into the Army of the United States on 15 December 1942 and served overseas between March 1945 and April 1946. There are no medical records in the applicant's available records. On 6 December 1946, he received a disability discharge under the provisions of Army Regulation 615-361, for Nephritis and poor kidney function.
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 to not meet requirements the award.
The applicant's injury to his hand appears to have been an accident and not as a result of hostile action, therefore his injury does not justify 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 6 December 1946, the date the applicant was separated. The time for the applicant to file a request for correction of any error or injustice expired on 6 December 1949.
The application is dated 13 July 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
__JLP___ __CJP __ __KWL__ CONCUR WITH DETERMINATION
| CASE ID | AR2001060116 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20020117 |
| 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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