BOARD DATE:	  22 March 2012

		DOCKET NUMBER:  AR20110018573 


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 to be awarded the Purple Heart for an injury sustained in March 1945.

2.  The applicant states he was driving a 1 1/2-ton weapons carrier hauling ammunition from an ammunition dump to Company C, 94th Chemical Mortar Battalion (CMB), during combat operations when another Army vehicle struck his vehicle causing the collision of his vehicle with the accompanying Jeep.  He states two Soldiers in the Jeep were killed and he and another Soldier were injured and taken to a field hospital where he was treated for a back injury and a concussion.  He states he was not provided a physical examination prior to his separation and was never told what to do in response to the pain caused by the vehicle crash.

3.  The applicant provides his WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge), his Honorable Discharge Certificate, and a 94th CMB historical journal.

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 applicant's 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 applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's military records are not available for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  It is believed that his records were lost or destroyed in that fire.  This case is being considered based on the documents provided by the applicant.

3.  His WD AGO Form 53-55 indicates:

	a.  He was inducted into the Army of the United States on 6 March 1943 and entered active duty on 13 March 1943.

	b.  He was assigned to Company C, 94th CMB, and served in the European theater of operations from 2 February 1945 to 1 July 1945.

	c.  He earned the Expert Marksmanship Qualification Badge with Carbine Bar.

	d.  He participated in the Rhineland and Central Europe campaigns and was awarded the Army Good Conduct Medal, American Theater Service Medal, World War II Victory Medal, European-African-Middle Eastern Campaign Medal with two bronze service stars, Expert Marksmanship Qualification Badge with Rifle Bar (Carbine), and Driver's Badge.

	e.  Item 34 (Wounds Received in Action) is annotated "None."

	f.  He was honorably discharged on 5 February 1946.

4.  There is no evidence in the available records that shows the applicant sustained injuries as a result of hostile action or received treatment for injuries sustained as a result of hostile action.  The 94th CMB historical journal does not contain information indicating he was wounded as a result of hostile actions.

5.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for award of the Purple Heart has been carefully considered.

2.  There is no evidence in the available records and the applicant has not provided sufficient evidence that shows he sustained injuries as a result of hostile action or that he received treatment for injuries sustained as a result of hostile action.

3.  The applicant's claim of being injured in a vehicle accident while serving in the combat theater does not indicate any enemy action as the cause of the accident.

4.  Regrettably, in the absence of evidence showing the applicant was wounded as a result of hostile action, that he received medical treatment by medical personnel for such injuries, and this treatment was made a matter of official record, the 94th CMB historical journal provided is insufficient evidence to support award of the Purple Heart in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X__  __X______  ___X_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.


2.  The Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices made by him in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.



      ___________X______________
                 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)                                         AR20110018573



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110018573



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1