RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        14 November 2006
      DOCKET NUMBER:  AR20060004943


      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. Curtis Greenway               |     |Chairperson          |
|     |Mr. Thomas M. Ray                 |     |Member               |
|     |Ms. Peguine M. Taylor             |     |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 reconsideration of award of the Purple Heart.

2.  The applicant states, in effect, that her husband is a World War II
veteran who served his country from 1942 to 1945.  She also states that he
initially worked on the Alaska Highway and was then sent to New Guinea
where he lost his right arm in battle.  She adds, in effect, that after 60
years she would like him to be able to know that he's being acknowledged
and recognized for his contributions to his country by being awarded the
Purple Heart.

3.  The applicant provides a copy of her husband's WD AGO Form 53-55
(Enlisted Record and Report of Separation - Honorable Discharge), dated
12 May 1945; Army of the United States Honorable Discharge Certificate,
dated 12 May 1945; a WDMD Form Number 52 (Medical Record Report), dated
24 November 1944; and a 14-page article titled "The Black Corps of
Engineers and the Construction of the Alaska Highway - ALCAN - African
Americans and World War II Negro History Bulletin," December 1993, by E.
V______ S____, downloaded from the Internet at www.24hourscholar.com.

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
AR20050002599, on 15 November 2005.

2.  The applicant's husband was inducted at Camp Blanding, Florida, on
26 March 1941.  He underwent his training at Camp Blanding and was assigned
to Company D, 97th Engineer General Service Regiment (Colored) for duty as
a heavy truck driver.

3.  His unit departed Camp Blanding to participate in the building of the
Alaska Canadian (ALCAN) Highway during the period March 1942 to October
1942. Upon completion of the ALCAN Highway, his unit remained in Alaska
until it was deployed to New Guinea.  He attained the rank of technician
fifth grade.

4.  On 23 August 1944 in Finschaven, New Guinea, the applicant's husband
was working on a dump truck loosening a nut in order to repair a leaking
hydraulic mechanism when the dump body fell crushing his right upper arm
between the body and the chassis.  He was evacuated to the 161st Station
Hospital and, on
30 August 1944, his right arm was surgically amputated due to the
development of gangrene in his injured arm.  An investigation was conducted
and the injury was deemed to be accidental and incurred in the line of
duty.

5.  The applicant's husband was honorably discharged on 12 May 1945 with a
Certificate of Disability for Discharge under the provisions of Army
Regulation 615-361.  He had served 4 years, 1 month, and 17 days of total
active service.  His WD AGO Form 53-55 indicates in Item 34 (Wounds
Received in Action) the entry “None.”

6.  A review of the available records, to include hospital admission
records and the line of duty investigation that was conducted at the time,
indicate that the applicant’s husband's injury was accidental and was
classified as a non-battle injury.

7.  In support of the request for reconsideration the applicant provides
documents that were previously considered with the initial application.
She also provides a copy of an article titled "The Black Corps of Engineers
and the Construction of the Alaska Highway - ALCAN - African Americans and
World War II Negro History Bulletin," December 1993, by E. V______ S____.
This article provides insight into the environment, circumstances, and
hazards faced by the Soldiers who were involved in constructing the Alaska
Highway, including those of the 97th Engineer Regiment.

8.  Army Regulation 600-8-22 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 a
result of hostile action, that the wound must have required treatment by a
medical officer, and that the medical treatment was made a matter of
official record.  This regulation also provides examples of injuries or
wounds which clearly do not qualify for award of the Purple Heart and
cites, in pertinent part, accidents involving explosive, aircraft,
vehicular, and other accidental wounds or injuries not related to or caused
by enemy action.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that her husband was injured and lost his
arm in battle has been noted.  However, the documents submitted with the
original application, with this request for reconsideration, and the
available evidence of record fail to corroborate that contention.

2.  There is no medical evidence of record which shows that the applicant's
husband was wounded or treated for wounds as a result of hostile action.
All of the evidence reviewed by the Board indicates that the applicant's
husband's injury was the result of an accident that did not involve any
enemy action at the time.  The applicant provides insufficient documentary
evidence to support award of the Purple Heart to her husband.  Therefore,
there is insufficient evidence upon which to base award of the Purple Heart
in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__CG____  __TMR   _  __PMT__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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 AR20050002599, dated 15 November 2005.




                                  ____ Curtis Greenway_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060004943                           |
|SUFFIX                  |                                        |
|RECON                   |20061114                                |
|DATE BOARDED            |20051115                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19450514                                |
|DISCHARGE AUTHORITY     |AR 615-361                              |
|DISCHARGE REASON        |Certificate of Disability Discharge     |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0015.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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