RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            22 JUNE 2004
      DOCKET NUMBER:   AR2003096808


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

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Ms. Deborah L. Brantley           |     |Senior Analyst       |


  The following members, a quorum, were present:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Mr. Jose Martinez                 |     |Member               |
|     |Mr. Lawrence Foster               |     |Member               |

      The applicant and counsel if any, did not appear before the Board.

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests reconsideration of his previous request for
award of the Purple Heart based on injuries he sustained during a motor
vehicle accident after cessation of hostiles in Germany during World War
II.

2.  The applicant states, in effect, that he should be awarded a Purple
Heart for injuries he received because a German half-track “tried to get in
one last strike for Germany” by purposely driving into his jeep.  He notes
Soldiers were awarded the Purple Heart during recent terrorist action for
which no war was declared and he believes he should receive the Purple
Heart as well.

3.  The applicant provides extracts from his service medical records in
support of his request.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were
summarized in the previous consideration of the applicant's case by the
Army Board for Correction of Military Records (ABCMR) in Docket Number AC80-
00092, on
16 January 1980.

2.  The applicant’s current request constitutes a new argument, which
requires review by the Board.  Additionally, although medical documents
provided by the applicant to the Board may have previously been available,
the January 1980 Board action did not address information contained in
those medical documents.

3.  The applicant served on active duty between 17 April 1944 and 21
February 1946 and served overseas between December 1944 and July 1945.  His
separation document indicates that he was awarded the Combat Infantryman
Badge while a member of the 112th Infantry.  He was discharged with a
certificate of disability for discharge.

4.  Original medical documents, contained in files available to the Board,
indicate that the applicant was admitted to a military hospital on 28 May
1945.  The initial treatment record notes that the applicant sustained a
simple fracture to his right tibia and a laceration wound to his right
wrist when his “jeep collided with vehicle 1130 28 May 45.”  The entry
notes the injuries were accidentally incurred and that he was reported as a
“NBI” (non-battle injury).

5.  In subsequent medical documents it notes that the applicant reported
that on 28 May 1945 a ¼ ton truck in which he was riding was deliberately
rammed by another truck driven by “discharged German prisoners.”  That same
information was repeated in a subsequent medical document containing the
signature block, but no signature, of a medical corps captain.  Neither the
document containing the applicant’s statement, nor the unsigned medical
corps officer statement is dated.

6.  On 23 July 2003 the applicant’s congressional representative was
informed by officials from the Army’s Military Awards Branch, that the
applicant’s injuries did not meet requirements for award of the Purple
Heart because the criteria for the award required that wounds or injuries
must have been received as a direct result of enemy action.

7.  Army Regulation 600-8-22 states that the Purple Heart was not awarded
as a result of international terrorist attacks against the United States or
a foreign nation friendly to the United States until after March 1973 and
then only when such an attack was recognized by the Secretary of the Army,
or jointly by the Secretaries of the separate armed services concerned.

8.  Information obtained from the Center for Military History notes that on
7 May 1945 the German High Command surrendered all land, sea, and air
forces unconditionally to Allied forces, effective 9 May.  All offensive
operations were immediately halted.

9.  Army Regulation 600-8-22 also notes that the Bronze Star Medal may be
awarded to World War II holders of the Combat Infantryman Badge.  Awards of
the Bronze Star Medal based on the Combat Infantryman Badge are commonly
referred to as conversion awards.

DISCUSSION AND CONCLUSIONS:

1.  Contrary to the applicant’s argument, the Purple Hearts awarded as a
result of the recent terrorist activities does not serve as justification
that he too should be entitled to an award of the Purple Heart.  The
evidence available to the Board confirms that the applicant was
accidentally injured as a result of a motor vehicle accident, in spite of
the fact that one of the vehicles may have been driven by a “former” enemy
of the United States following the cessation of hostilities in Europe.

2.  Evidence shows that the applicant’s records contain administrative
error which does not require action by the Board.  Therefore,
administrative correction of the applicant's records will be accomplished
by the Case Management Support Division (CMSD), St. Louis, Missouri, as
outlined by the Board in paragraph 2 of the BOARD
DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

________  ________  ________  GRANT FORMAL HEARING

__JS____  ___JM __  ___LF___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis to amend the decision of
the ABCMR set forth in Docket Number AC80-00092, dated 16 January 1980.

2.  The Board determined that administrative error in the records of the
individual should be corrected.  Therefore, the Board requests that the
CMSD-St. Louis administratively correct the records of the individual
concerned to show award of the Bronze Star Medal as a conversion award
based on his World War II Combat Infantryman Badge.





            ____    John Slone_______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2003096808                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20040622                                |
|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.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |