IN THE CASE OF:	  

		BOARD DATE:	  1 November 2012

		DOCKET NUMBER:  AR20120007001 


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 correction of his records to show award of the Purple Heart.

2.  The applicant states he served in World War II and was injured at Dachau, Germany.  At the time he was injured, he was transferred from the 45th Division to the 75th Division and his injury was never reported.  As a result, he was never awarded the Purple Heart.

3.  The applicant provides a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) and a two-page narrative of his service in support of his application.

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 service records are not available to the Board for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center (NPRC) in 1973.  It is believed that the applicant's records were lost or destroyed in that fire.  However, the applicant's WD AGO Form 53-55 offers sufficient evidence for the Board to conduct a fair and impartial review of this case.

3.  The applicant's WD AGO Form 53-55 shows he was inducted and entered active service on 27 June 1942.  He was honorably discharged on 15 November 1946 with a certificate of disability.  He had completed 1 year, 11 months, and 3 days of continental service; 2 years, 5 months, and 16 days of foreign service; and 4 years, 4 months, and 19 days of total service.  It also shows in:

	a.  item 4 (Arm or Service), Infantry;

	b.  item 6 (Organization), Cannon Company, 180th Infantry;

	c.  item 30 (Military Occupational Specialty and Number), Gun Crewman (Light Artillery), 844;

	d.  item 31 (Military Qualification and Date), Sharpshooter Marksmanship Qualification Badge with Rifle Bar;

	e.  item 32 (Battles and Campaigns):

* Sicily
* Naples-Foggia
* Rome-Arno
* Southern France
* Rhineland
* Central Europe

	f.  item 33 (Decorations and Citations):

* American Campaign Medal
* European-African-Middle Eastern Campaign Medal with six bronze service stars and bronze arrowhead device
* World War II Victory Medal
* Good Conduct Medal


	g.  item 34 (Wounds Received in Action), "None"

4.  A review of the applicant's available military service records failed to reveal any evidence he was awarded the Purple Heart.

5.  In support of his request the applicant provides a two-page narrative of his military service that appears to have been written by his spouse.  It shows the applicant's unit was the first unit to arrive at Dachau Concentration Camp in Germany and that his experience there had a significant impact upon him.  On one occasion, the applicant was working in a place that was out of the sight of other Soldiers in his unit.  A transport truck arrived to pick up the Soldiers for the night, but inadvertently left the applicant behind.  After about an hour, the applicant managed to obtain a ride with a German couple.  It concludes, "As they were speeding down the road, an Army truck pulled out in front of them and they had a terrible accident and (the applicant) was badly hurt.  (The applicant) should have gotten a Purple Heart for that, but he did not pursue it."

6.  A Surgeon General's Office (SGO) health record research project, commonly referred to as the "SGO files," involved transposing hospital admission card data from the periods of World War II and the Korean Conflict onto magnetic tape.  In 1988, the National Research Council made these tape files available to the NPRC.  A search of these files produced a record pertaining to the applicant showing he was discharged for disability due to Tuberculosis (pulmonary, reinfection type, chronic, minimal, active) and Dermatitis (allergic).  The search failed to produce a record showing he was injured or wounded as a result of enemy action.

7.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.  It shows the Purple Heart is awarded to any member who was wounded or killed in action.

   a.  A wound is defined as an injury to any part of the body from an outside force, element, or agent sustained in action in the face of the armed enemy or as a result of a hostile act of such enemy.
   
   b.  In order to support awarding a member the Purple Heart, it is necessary to establish the wound for which the award is being made required treatment by medical personnel and the medical treatment for the wound or injury received in action must have been made a matter of official record.
   


   c.  The regulation provides examples of injuries or wounds which clearly do not justify award of the Purple Heart that, in pertinent part, shows accidents, to include explosive, aircraft, vehicular, and other accidental wounding or injury not related to or caused by enemy action.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim to the Purple Heart was carefully considered.

2.  The sincerity of the applicant's claim is not in question.

   a.  The evidence provided by the applicant shows his injury was incurred as a result of a vehicular accident, which does not satisfy the strict criteria for award of the Purple Heart.

   b.  There is no evidence the accident resulted from a hostile act of the enemy.  

   c.  Thus, the evidence provided is insufficient to support award of the Purple Heart.

3.  In order to support awarding a member the Purple Heart, it is necessary to establish that the wound or injury was sustained from an outside force, element, or agent sustained in action in the face of the armed enemy or as a result of a hostile act of such enemy (emphasis added).

4.  Therefore, in view of all of the foregoing, there is insufficient evidence to support the applicant's claim to the Purple Heart.

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.



      _______ _   _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)                                         AR20120007001



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ABCMR Record of Proceedings (cont)                                         AR20120007001



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