RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        1 November 2005
      DOCKET NUMBER:  AR20050014378


      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             |
|     |Mr. John J. Wendland, Jr.         |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Mr. Thomas E. O'Shaughnessy Jr.   |     |Member               |
|     |Ms. Carol A. Kornhoff             |     |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.

2.  The applicant states, in effect, that he was transporting ammunition by
sea in the war/battle zone when he suffered a broken leg.

3.  The applicant provides copies of a Veterans Administration Form 3101
(Request for Army Information), dated 5 June 1945, and Dibble General
Hospital, Menlo Park, California letter, dated 5 March 1945, in support of
the application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 30 September 1967, the date he was honorably separated and
transferred to the Retired Reserve.  The application submitted in this case
is dated
26 April 2005.

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 limitations 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.  Military records show that the applicant enlisted in the U.S. Army on
6 June 1941, entered Officer Candidate School on 18 January 1943, was
appointed a second lieutenant on 17 April 1943, and served as a Cargo
Security Officer in the Pacific Theater of Operations during World War II.
The applicant's records show that he continued his service in the active
and reserve components as an officer in the Transportation Corps until he
was transferred to the Retired Reserve on 30 September 1967.

4.  The applicant's WD AGO Form 53-96 (Military Record and Report of
Separation - Certificate of Service), with an effective date of 6 December
1945, shows in Item 29 (Decorations and Citations) that he was awarded the
American Service Medal, American Victory Medal, and Asiatic-Pacific
Campaign Medal.  Item 30 (Wounds Received in Action) contains the entry,
"NONE".

5.  The applicant's DD Form 214 (Report of Separation from the Armed Forces
of the United States), with an effective date of 28 January 1954, shows in
Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign
Ribbons Awarded or Authorized) that he was awarded the Korean Service Medal
with 2 bronze campaign stars, United Nations Service Medal, Korean
Presidential Unit Citation, and National Defense Service Medal.  Item 29
(Wounds Received as a Result of Action with Enemy Forces) contains the
entry, "NONE".

6.  The applicant's records contain a Form 55 A-1 (Abbreviated Clinical
Record), dated 11 July 1944, which shows the pertinent history, chief
complaint and condition of the applicant on admission.  This document
shows, in pertinent part, "Patient was assisting in unloading a truck of
lumber.  A timber struck and pinned his left leg.  This incident occurred
at 0900 on 7 July 1944.  He was brought to the 362nd Station Hospital and x-
ray was made revealing a fracture of the tibia.  Fracture was reduced and
cast applied".

7.  The applicant's records contain a copy of Proceedings of Disposition
Board, 362nd Station Hospital, Base "B", APO 503, which were approved on
22 July 1944 by the colonel who was the surgeon at Base "B".  This document
shows that the proceedings of a Board of Medical Officers convened on
18 July 1944.  The diagnosis of the applicant was, "Fractures, simple,
complete, comminuted, of mid-portion of shafts of tibia and fibula, left,
accidentally incurred when struck by falling timber when assisting at
unloading truck 7 July 1944 at APO 503.  Line of duty findings:  Yes".

8.  The applicant's records also contain a Form 55 A (Clinical Record
Brief), dated 3 March 1945, further documenting the incident.  This
document shows, in pertinent part, that the final diagnosis was a fracture,
simple, complete, comminuted, mid-portion shaft of left tibia and fibula,
accidentally incurred when struck by a falling timber while unloading a
ship on Oro Island, New Guinea,
7 July 1944.

9.  The applicant provides copies of documents which show he entered Dibble
General Hospital on 19 August 1944 for treatment of a fractured left tibia
and fibula, which was first treated at the 362nd Station Hospital on 7 July
1944.  These documents also show the injury was incurred in the line of
duty and was not the result of the applicant's own misconduct.



10.  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 by a medical officer, and the medical treatment must have been
made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Purple Heart
because he was injured while transporting ammunition by sea in the war/
battle zone when he suffered a broken leg.  The applicant provides copies
of documents that support the fact that he was injured and received medical
treatment when he suffered a broken leg on 7 July 1944.

2.  There is no evidence the applicant was awarded the Purple Heart.  There
is no medical evidence of record which shows that the applicant was wounded
or treated for wounds as a result of hostile action.

3.  Evidence of record shows that the applicant was injured as a result of
an accident on 7 July 1944 when he suffered a fracture of his left tibia
and fibula.  Paragraph 2-8 (Purple Heart) of Army Regulation 600-8-22,
outlines several examples of injuries or wounds which clearly do not
qualify for award of the Purple Heart, and provides the following pertinent
example, "Accidents, to include explosive, aircraft, vehicular, and other
accidental wounding not related to or caused by enemy action".

4.  Evidence of records fails to support the applicant's contention that he
is entitled to award of the Purple Heart.  There is no official documentary
evidence in the applicant's military service records that supports the
contention that he sustained a wound as a result of hostile action or was
treated for such wound by a medical officer.  The only injury that is
documented in the applicant's service records was determined to be the
result of an accident; not by hostile enemy action.  Absent any evidence
that shows the applicant was wounded or treated for wounds due to hostile
action, there is no basis for award of the Purple Heart.  Therefore, there
is insufficient evidence upon which to base award of the Purple Heart in
this case.




5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 30 September 1967; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
29 September 1970.  The applicant did not file within the 3-year statute of
limitations and has not provided a compelling explanation or evidence to
show that it would be in the interest of justice to excuse failure to
timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___JEA _  __TEO __  __CAK __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.




                                  ___JAMES E. ANDERHOM___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050014378                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051101                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |Retired Reserves                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0015.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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