RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           12 August 2004
      DOCKET NUMBER:  AR2004106131


      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             |
|     |Mrs. Victoria A. Donaldson        |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Ann Campbell                  |     |Chairperson          |
|     |Mr. James Anderholm               |     |Member               |
|     |Mr. John Infante                  |     |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 award of the Purple Heart for injuries received
during WWII.

2.  The applicant states that he was with the 3rd AD (Armored Division)
attached to CCB [Combat Command B].  The applicant continues that he was in
the forward line in Garner Germany and that he was ordered to take a
message 14 miles to the rear to the "Trains Headquarters."  The applicant
states that he was riding a motorcycle and was not exactly sure what
happened to him.  The applicant concluded that he woke up in a hospital
approximately 33 days later in England and that he had suffered a fractured
skull.

3.  The applicant provides an excerpt from the unit history of the 3rd
Armored Division, a four-page letter of support, and a copy of his WD AGO
Form 53-55 (Enlisted Record and Report of Separation).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error which occurred
on 12 April 1945, the date of his separation from the Army.  The
application submitted in this case is dated 2 March 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’s military records are not available to the Board for
review.  A fire destroyed approximately 18 million service members’ records
at the National Personnel Records Center in 1973.  It is believed that the
applicant’s records were lost or destroyed in that fire.  However, the
applicant provided sufficient documents for the Board to conduct a fair and
impartial review of this case.

4.  The applicant's WD AGO Form 53-55 shows that he was inducted into the
U.S. Army on 9 December 1942 and entered active duty on 16 December 1942.
The applicant was awarded a military occupational specialty (MOS) 345
(Truck Driver Light).  This form also shows that he was assigned to
Headquarters Company of the 3rd Armored Division (Trains) while he served
in the European African Middle Eastern Theater from 15 September 1943
through 17 February 1945.

5.  Item 33 (Decorations and Citations) of the WD AGO Form 53-55 does not
show that the applicant was awarded the Purple Heart.

6.  Item 34 (Wounds Received in Action) of this form contains the entry
"None."

7.  The Office of the Surgeon General Hospital List shows that the
applicant was hospitalized 22 November 1944 for head wounds and post-
traumatic encephalopathy (degenerative disease of the brain) and remained
in the hospital for 141 days.  This list shows that the applicant's
injuries were non-battle injuries and that the causative agent was
"Motorcycle, Passenger in, During Accident."

8.  The Office of the Surgeon General Hospital List also shows that the
applicant was discharged or retired for disability and that his injuries
were determined to be in the line of duty.

9.  The applicant provided a four-page letter of support which essentially
stated that the applicant was involved in an accident.  The author
continued that "it was not known at the aid station and I have never known
if you were hit by enemy artillery or if it was a roadside traffic
accident."

10.  Records show that while the applicant assigned to the Headquarters
Company of the 3rd Armored Division (Trains), it was cited for award of the
Belgian Fourragere based on actions during the periods 3 September through
13 September 1944 and 20 December 1944 through 31 January 1945 based on
Department of the Army General Orders Number 43-50.

11.  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.  There is no statute of limitations governing requests for
award of the Purple Heart

DISCUSSION AND CONCLUSIONS:

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

2.  The applicant's service personnel records show that the applicant was
injured in a motorcycle accident while in the European African Middle
Eastern Theater.  However, these injuries were identified as "non-battle
injuries."

3.  The supporting statement provided by the applicant shows that there was
no conclusive evidence that the applicant was injured as a result of
hostile action.  Therefore, the injuries sustained as a result of the
motorcycle accident are not a basis for award of the Purple Heart in this
case.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 12 April 1945, the date of his
separation.  However, the ABCMR was not established until 2 January 1947.
As a result, the time for the applicant to file a request for correction of
any error or injustice expired on 1 January 1950.  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.

5.  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 3 of the BOARD
DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__amc___  ___jpi___  ___ja ___  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.

3.  The Board further 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 he was awarded the Belgian Fourragere.




            _____Ann Campbell_______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004106131                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2004/08/12                              |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0015.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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