IN THE CASE OF: BOARD DATE: 24 September 2008 DOCKET NUMBER: AR20080009002 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests that he be awarded the Purple Heart. 2. The applicant states that when he was wounded/blown up by the Japanese navy, he returned to the ship which brought him to the invasion site. He was treated for his wounds on the ship and sent back to the invasion. He was denied the Purple Heart because he was treated for his wounds on the ship and not on shore. 3. The applicant provides his separation documents and a newspaper article concerning a photograph of Ernie Pyle after he died, which was discovered 63 years after his death. CONSIDERATION OF EVIDENCE: 1. 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. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a ABCMR Record of Proceedings (cont) AR20080005825 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080005825 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1