MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:           13 SEPTEMBER 2001
	DOCKET NUMBER:   AR2001057597

	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	
	Ms. Gale J. Thomas		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. John E. Denning		Member	
	Mr. Terry L. Placek		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 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

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

INDEX

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.