| Mr. Carl W. S. Chun | Director | |
| Ms. Deborah L. Brantley | Senior Analyst |
| Ms. Irene N. Wheelwright | Chairperson | |
| Mr. Thomas Lanyi | Member | |
| Mr. Jose A. Martinez | Member |
APPLICANT REQUESTS: Award of the Purple Heart. He states he was hit by a sniper during World War II and should have been awarded the Purple Heart. He notes that he was "out ahead of everyone, when a sniper shot [him]”. He states he was found by his platoon and ultimately "sent to a hospital in Manila." In support of his requests he submits a copy of his VA disability rating.
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 were likely lost or destroyed during the 1973 fire at the National Personnel Records Center. Information contained herein was reconstructed from alternative sources, including information provided by the applicant.
The applicant entered active duty on 31 August 1943 and by October 1945 had served overseas for nearly 20 months where he was awarded the Combat Infantryman Badge. On 30 October 1945 he was discharged for the purpose of immediate reenlistment. His 30 October 1945 WD AGO Form 53-55 (Enlisted Record and Report of Separation), which he authenticated, does not reflect entitlement to the Purple Heart and item 34 (wounds received in action) reflects "none."
The applicant continued to serve on active duty until 6 December 1946 when he was discharged at Camp Hood, Texas. His 1946 separation document, which he also authenticated, does not reflect entitlement to the Purple Heart and item 34 continued to reflect "none."
In 2001 the applicant was awarded a 30 percent service connected disability rating for posttraumatic stress disorder. There is no indication in his VA rating document that he reported being wounded in action.
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.
There is no evidence, and the applicant has not submitted any, which confirms that he was wounded as a result of hostile action during World War II and as such there is no basis for an 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 he was discharged from active duty and signed his report of separation. However, in view of the fact that the Board was not established until 2 January 1947 the applicant’s 3 year period in which to file an application for correction of military records expired on
2 January 1950, 3 years from the date the Board was established.
The application is dated 11 October 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
__INW __ __TL____ __JAM __ CONCUR WITH DETERMINATION
| CASE ID | AR2001063921 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20011218 |
| 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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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.
ARMY | BCMR | CY2009 | 20090010995
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ARMY | BCMR | CY1996 | 9608849C070209
APPLICANT REQUESTS: Correction of his military records to reflect award of 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. According to his VA records he initially filed a disability claim for residual of shrapnel in 1986.
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ARMY | BCMR | CY2005 | 20050004860C070206
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Item number 34 (Wounds Received In Action) on his WD AGO Form 53 shows "None." 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. _______ _ _X______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.