IN THE CASE OF:
BOARD DATE: 24 March 2009
DOCKET NUMBER: AR20080015213
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests he be awarded the Purple Heart.
2. The applicant states he was a passenger in a military vehicle on 8 May 1945 in Germany. A large truck struck his vehicle, killing the driver and injuring him. He was later told a German had stolen the truck and was the driver when it hit his vehicle. He was medically evacuated to the United States and discharged on 16 November 1945. In December 1945, he was awarded a 50 percent disability. He adds the disability has been re-evaluated over time and is now 20 percent.
3. The applicant provides a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge); a copy of a 10 December
1945 Veterans Administration (VA) Form P-80b (Award of Disability Pension); and a letter from the VA dated 27 December 1946.
CONSIDERATION OF EVIDENCE:
1. 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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicants 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 applicants records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.
3. The applicant is a World War II veteran who served from 14 April 1942 to 16 November 1945. He served as First Sergeant of the 597th Motor Ambulance Company and he participated in the Rhineland and Central Europe campaigns in the European theater of operations. His WD AGO Form 53-55 shows he was awarded the European-African-Middle Eastern Campaign Medal with 2 bronze service stars, the American Campaign Medal, the World War II Victory Medal, and the Good Conduct Medal. This form, in block 34 (Wounds Received in Action), reflects the entry "None."
4. Information received from Hospital Admission Cards created by the Office of the Surgeon General of the Army (SGO) for the period of World War II indicates that the applicant was admitted on 8 May 1945 for non-battle injuries consisting of a compound, closed fracture of the patella with no nerve or artery involvement.
5. Partially burned remnants of the applicants records show that he was in a jeep accident at 2130 hours, 8 May 1945, near Landsberg, Germany. The accident involved the applicants jeep and a 2 1/2 ton truck driven by a French Soldier. The American jeep was being operated on the right side of the road, as per American custom, and the oncoming French truck was being operated on its left side of the road. Unfortunately, this put both vehicles approaching each other on the same side of the road. A head-on collision occurred.
6. 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 required medical treatment, and the medical treatment was made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant seeks the Purple Heart.
2. SGO hospital admission cards indicate the applicant suffered a non-battle injury on 8 May 1945. The applicant was the unfortunate victim of a bad French driver who struck his jeep head-on because he was driving on the wrong side of the road. The applicants resultant injuries do not qualify for award of the Purple Heart.
3. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ___X____ ___X____ 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 for correction of the records of the individual concerned.
XXX
_________________________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20080015213
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