IN THE CASE OF:	  

		BOARD DATE:	  27 January 2015

		DOCKET NUMBER:  AR20140009572 


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 award of the Purple Heart.

2.  The applicant states he should have been awarded the Purple Heart for an injury caused by enemy action while on a mission in World War II that left him with a life-altering disability.

3.  The applicant provides:

* self-authored statement dictated to his daughter for transcription
* WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge)
* Army of the United States Honorable Discharge Certificate
* Immunization Register
* Veterans Administration (VA) Form P-80b (Award of Disability Pension), dated 5 December 1945
* VA letter, dated 30 October 1957
* map of area where injury occurred
* Purple Heart eligibility criteria from http://www.recognizethesacrifice.org
* Federation of French War Veterans, Incorporated, Diploma

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 was inducted into the Army of the United States on 31 July 1943 and held military occupational specialty 405 (Clerk-Typist).  He departed the continental United States on 1 July 1944 and arrived in the European-African-Middle Eastern theater of operations (EAMETO) on 15 July 1944.

3.  Medical records show he was injured near Trier, Germany, on or about 13 March 1945 when the jeep in which he was riding collided with another jeep.  He was initially admitted to the 179th Engineer Battalion Dispensary on 13 March 1945.  His Clinical Record Brief, dated 16 March 1945, shows further admission to the 216th General Hospital on 15 March 1945.  Section C of the Clinical Record Brief shows the applicant was deemed not entitled to award of the Purple Heart at the time of his hospital admission.

4.  He was later evacuated from the EAMETO by ship on 29 March 1945.  He arrived in the United States on 14 April 1945 and was admitted to Tilton General Hospital, Fort Dix, NJ, on 16 April 1945 for further medical treatment.

5.  He was diagnosed with a fracture, dislocation, and osteoarthritis of the right hip and surgically treated for his injuries.  The injuries were deemed non-battle injuries incurred in the line of duty and he was subsequently honorably discharged with a certificate of disability on 26 November 1945.

6.  His WD AGO Form 53-55 reflects the following entries:

* item 32 (Battles and Campaigns) – participation in the Northern France, Central Europe, and Ardennes campaigns
* item 33 (Decorations and Citations) – receipt of European-African-Middle Eastern Campaign Medal with three bronze service stars, American Campaign Medal, World War II Victory Medal, and Army Good Conduct Medal
* item 34 (Wounds Received in Action) – no record available

7.  He provided copies of VA Form P-80b, dated 5 December 1945, and a subsequent VA rating decision letter, dated 30 October 1957, both of which show the VA awarded him a combined service-connected disability of 50 percent for his right hip condition and a scar on his left eyebrow.

8.  He provided a Diploma of Honor of the Medal of the 50th Anniversary of the Normandy Landings and the Liberation of France issued by the Federation of French War Veterans, Incorporated, dated 6 June 2001.

9.  Army Regulation 600-8-22 (Military Awards) provides for award of the Purple Heart to a member of the Armed Forces of the United States who, while serving in any capacity with one of the U.S. Armed Services after 5 April 1917, has been wounded or killed, or who has died or may die after being wounded in any action against an enemy of the United States.  Substantiating evidence must be provided to verify the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  The criteria for award of the Purple Heart requires the submission of substantiating evidence verifying the injury or wound was the result of hostile action, the injury or wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

2.  Records show the applicant's injuries did require treatment by medical personnel and the medical treatment was made a matter of official record, but there is no evidence verifying the injuries were the result of hostile action.  Medical records from the time of the incident in 1945 classify his injuries as non-battle injuries incurred in the line of duty resulting from a vehicular accident and indicate he is not entitled to the Purple Heart.

3.  Regrettably, absent conclusive evidence that proves he meets the stated Purple Heart award criteria with regard to hostile action there is an insufficient evidentiary basis for awarding him the Purple Heart at this time.

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)                                         AR20140009572



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ABCMR Record of Proceedings (cont)                                         AR20140009572



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