MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:  15 February 2001
	DOCKET NUMBER:  AR2000049767

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Mr. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Margaret K. Patterson		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether the application was filed within the time established by statute, and if not, whether it would be in the interest of justice to waive the failure to timely file.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS: That his records be corrected to show entitlement to the Purple Heart with 2 oak leaf clusters.  He states “The wounds on Jun 28 or 29 were separate.  4 rifle bullets in r[igh]t forearm and thumb later same night     2 grenade shrapnel wounds r[igh]t forearm and right calf.”

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 16 March 1951, he enlisted in the Army.  He completed his required training and was awarded an infantry military occupational specialty.

During his enlistment, he spent 1 year, 8 months and 12 days overseas in Germany and Korea.

Records show that the applicant received an abrasion to the left wrist on 16 June and a shell fragment wound to the right forearm and hand on 29 June 1952.

General Orders 33, 179th Infantry, dated 1 July 1952, announced award of the Purple Heart to the individual concerned.

General Orders 32, 343d General Hospital, dated 8 August 1952, announced award of the Oak Leaf Cluster (OLC) to the Purple Heart to the individual concerned.

On 28 September 1953, he was promoted to the rank of sergeant.

On 2 March 1954, he was honorably separated in the rank of sergeant under Army Regulation 615-265, based on the convenience of the Government.  His separation document indicates he had 2 years, 11 months and 17 days of creditable service.  He was entitled to award of the Purple Heart with 1 OLC, the Korean Service Medal with 3 bronze service stars, the Combat Infantryman Badge, the United Nations Service Medal, the National Defense Service Medal, and the Army of Occupation Medal (Germany).  There is no evidence of a third wound, which would qualify 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 2 March 1954, the date he was separated from active duty.  The time for the applicant to file a request for correction of any error or injustice expired on 2 March 1957.

The application is dated 25 October 2000 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

__fe___  ___mm_____  __mp___  CONCUR WITH DETERMINATION

    Carl W. S. Chun
    Director, Army Board for Correction
	                of Military Records

INDEX

CASE ID	AR2000049767	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010215	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.107	PH x 3	
2.		
3.		
4.		
5.		
6.