RECORD OF PROCEEDINGS


      IN THE CASE OF:

      BOARD DATE:        16 August 2005
      DOCKET NUMBER:  AR20040006583


      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. Antoinette Farley             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Melvin H. Meyer               |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. James B. Gunlicks             |     |Member               |

      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, in effect, award of the Purple Heart based on
the injuries he received during World War II (WWII).

2.  The applicant, in effect, states that he received injuries to his knee,
back and chest due to a bomb blast.  He adds that there is no mention or
recorded data of the shrapnel in his right knee or that he was in a body
cast from his neck down to his waist because of the injury to his back.  He
states that at the field hospital everything was done in a hurry.

3.  The applicant, in effect, states that many black soldiers did not get
all that was due them in combat.  He further states that his first sergeant
wrote up papers for him to be awarded the Purple Heart, but the commanding
officer (white officer from Mississippi) lost or misplaced the papers.  The
applicant further states that "often time white officer were assigned to
black units as a means of punishment." He continues by saying "that many of
these officers did not go out of their way to do right for us."  He adds
that he was among the many casualties from his unit that were in the jungle
of New Guinea and at the field hospital.  He states that what makes matter
worse is that his commanding officer was replaced by an officer from the
states and "this officer had no knowledge of his hospitalization, etc."  In
fact, he had more pressing matters to deal with in the terrible situations
they were in.  He states he had to share, in part, the above information
whether his request is favorably received or not.

4.  The applicant provides two pages of photocopied medical records from
the
1st Field Hospital Dispensary with an admission date of 23 January 1944.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 25 January 1946, the date of his separation from active duty.
The application submitted in this case is dated 8 December 2004.

2.  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 allows the Army
Board for Correction of Military
Records (ABCMR) to excuse failure to file within the 3-year statute of
limitation if the ABCMR determines that it would be in the interest of
justice to do so.  In this case, the ABCMR will conduct a review of the
merits of the case to determine if it would be in the interest of justice
to excuse the applicant’s failure to timely file.

3.  The applicant was inducted into the U.S. Army on 29 May 1943 and
entered active duty on 5 June 1943.  He completed training and was awarded
military occupational specialty (MOS) 470 (Cargo Checker).  He served in
the Asiatic Pacific Theater from 14 December 1943 through 31 December 1945.
 The applicant was honorably separated from active duty on 25 January 1946.
 After a break in service, the applicant later served as a commissioned
officer until
31 March 1976 when he was released from active duty and transferred to the
U.S. Army Reserve Control Group (Reinforcement).  He was promoted to the
rank of Colonel/06 effective 28 April 1976.  He was transferred to the
Retired Reserve and then placed on the Retired List on 1 May 1976 in the
grade of Colonel/0-6.

4.  Item 34 (Wounds Received in Action) of the applicant's WD AGO Form
53-55 contains the entry "None."

5.  There are no orders in the applicant's WD AGO Form 24 (Service Record)
which authorized award of the Purple Heart.

6.  There are also no entries in the applicant's Service Record which shows
that he was awarded the Purple Heart, was wounded as a result of hostile
action or was hospitalized for wounds sustained as a result of hostile
action.

7.  The applicant provided copies of two Hospital Admission Forms 52, from
the
1st Field Hospital, Germany.  The first record shows that, while the
applicant was assigned to the 294th Port Company, he was treated at the 1st
Field Hospital Dispensary on 23 January 1944.  The Form 52 shows the
following entries in item 14 (Cause of Admission):

      "1 Contusion rt. [right] thigh, 2 laceration lower lip.  FINAL DIAG
[diagnosis] ll A.  1. Contusion, rt, lip. Mild.  2. Contusion, back, sacro-
illiac, and Lumbar region, Al [accidentally injured during Air raid, 2230
Hrs. [hours] Jan/44" [January 1944].

8.  The second Form 52 shows that the applicant was admitted to the 1st
Field Hospital.  This medical record shows the following entries under
"Diagnosis":

      “Contusion, right lip, mild, a.i. [accidentally injured] during air
raid, 2230 hours. 23/Jan/1944 at 40th CB Bn., Cretiin Bay, New Guinea.
Contusion, back, sacro-illiac and lumbar region, mild, a.i. [accidentally
injured] as in #1 above.  Line of duty; Yes 1 and 2."



9.  A staff member of Army Review Boards Agency conducted review of the
records located at the National Archives for the 294th Transportation
Company.  The records reviewed did not reveal any documentation that showed
the applicant was wounded or treated for any injuries that were as a result
of hostile action.

10.  Army Regulation 600-45 was the military award regulation in effect at
the time of the applicant’s service.  Paragraph 16 (Decorations) provided,
in pertinent part, a Purple Heart is awarded to members of the armed forces
of the United States and to civilians who are citizens of the United States
serving with the Army, who are wounded in action against an enemy of the
United states, or as a direct result of an act of such enemy, provided such
wound necessitates treatment by a medical officer.  (For the purpose of
awarding the Purple Heart, a wound is defined as an injury to any part of
the body from an outside force, element, or agent sustained as the result
of a hostile act of the enemy or while in action in the face of the enemy.)


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he is entitled to the award of the Purple Heart
for injuries received during WWII.

2.  A search of unit historical files failed to provide Purple Heart orders
for the applicant.  Additionally, the applicant's records do not show
orders available which awarded him the Purple Heart.

3.  The supporting statement provided by the applicant shows that there was
no corroborating evidence that he was wounded or treated for wounds due to
hostile action.  Further the applicant signed his WD AGO 53-55, dated 25
January 1946, which authenticated that he received no wounds in action.

4.  In support of his application, the applicant submitted two medical
records.  Both medical records show that the applicant was treated for a
bruised lip and a bruised back.  These records also show that the medical
authorities who treated the applicant at that time determined that the
applicant was accidentally injured.

5.  Regulation clearly states that any individual will only be awarded the
Purple Heart when that individual is wounded in action against an enemy of
the United States, or as a direct result of an act of such enemy, provided
such wound necessitates treatment by a medical officer.


6.  The applicant infers that he did not receive award of the Purple Heart
due to racial discrimination.  The applicant has provided no evidence that
his chain of command or the military doctors who treated him for his
accidental injuries deprived him of award of the Purple Heart based on
racial discrimination.

7.  Based on consideration of all the foregoing facts, the preponderance of
evidence shows that the applicant was accidentally injured on the night of
23 January 1944 and was not wounded or treated for wounds resulting from
hostile action.  In the absence of medical records or other records which
show that the applicant was wounded as a result of hostile action or
treated by a medial officer for wounds sustained as a result of hostile
action, there is insufficient basis for award of the Purple Heart in this
case.

8.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 25 January 1946, the date of his
separation. Based on the applicant's second period of active duty ending on
31 March 1976, the time for the applicant to file a request for correction
of any error or injustice expired on 30 March 1979.  Although the applicant
did not file within the ABCMR's statute of limitations, it is appropriate
to waive failure to timely file based on the fact there is no statute of
limitations on requests for award of the Purple Heart.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

_MM___  __JBG___  _JTM____  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that it was appropriate to waive the ABCMR's three
year statute of limitations in this case.






2.  The Board determined that 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
for correction of the records of the individual concerned to show award of
the Purple Heart.





                __Melvin H. Meyer_____
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20040006583                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050816                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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