MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:  27 February 2001
	DOCKET NUMBER:  AR2000050368

	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. John N. Slone		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. Melvin H. Meyer		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 award of the Purple Heart.  He indicates he received a head wound in February 1944 at the Anzio beachhead.  Further, he indicates a doctor treated him and that no records were kept.

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 lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from alternate sources.

On 3 March 1942, the applicant was inducted into the Army.  He completed his required training and was awarded military occupational specialty 409 (Medical Technician).  He attained the rank of technician 5th grade (T5).

During the period 11 June 1942 to 30 July 1945, he served in the European-African-Middle Eastern (EAME) Theater of Operations.

During his overseas service, he was hospitalized on 3 occasions, for:

	a.  In June 1942, 4 days, for a sprained left knee;

	b.  In October 1942, 3 days, for nasopharyngitis (Inflammation of the musculo-membranous passage between the mouth and posterior nares and the larynx and esophagus), acute; and,

	c.  In December 1944, 2 days, for inflammation of the prostate.

On 12 August 1945, he was honorably separated, in the rank of T5, under Army Regulation 615-365, based on the convenience of the Government and demobilization.  His separation document indicates he had 3 years, 6 months and 8 days of creditable service.  He was entitled to award of the Good Conduct Medal, the EAME Campaign Medal with 1 silver service star (Naples-Foggia, North Ardennes, Po Valley, Rome-Arno and Tunisia), the World War II Victory Medal and the Army of Occupation Medal (Germany).

Army Regulation 600-8-22  (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound 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, and the medical treatment must have been made a matter of official record.
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 discovered on 10 October 1946, the date the applicant was relieved from active duty.  Since the Correction Board was established on 2 January 1947, the time for the applicant to file a request for correction of any error or injustice expired on 2 January 1950.

The application is dated 20 November 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

__js___  ___ra____  ___mm___  CONCUR WITH DETERMINATION

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

INDEX

CASE ID	AR2000050368	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010227	
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	
2.		
3.		
4.		
5.		
6.