PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            11 July 2002
	DOCKET NUMBER:   AR2002072699

	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. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Ted S. Kanamine		Chairperson	
	Mr. Harry B. Oberg		Member	
	Mr. John T. Meixell		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests award of the Purple Heart.

3.  The applicant states that present records show that his injuries during World War II were caused by an accident, but omit the fact that the accident was caused by enemy fire.  The applicant explains that he was on motorcycle patrol near the front lines when the Germans began shelling the road used to move troops and equipment to the front.  He states that several enemy rounds hit the road in front of him and he hit the crater caused by the shelling.  

4.  In support of his application, the applicant provided a copy of his service medical records.

5.  The applicant’s military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show that he was inducted on 23 October 1942 and entered active duty effective 6 November 1942.  He served as a military policeman in the European-African-Middle Eastern Theater of Operations from 2 June 1943 through 23 December 1944.  The applicant was honorably discharged on 28 July 1945.

6.  The applicant’s WD AGO Form 53-55 (Enlisted Record and Report of Separation) does not show the Purple Heart as an authorized award in item 33 (Decorations and Citations).  Item 34 (Wounds Received in Action) shows the entry, “None.”

7.  Hospital records of the Office of The Surgeon General of the Army show that the applicant was admitted to a military hospital with a fractured leg which was classified as a “non-battle injury.”  This report shows that the applicant was injured in a motorcycle accident.  

8.  The service medical records provided by the applicant show that he sustained a fractured right ankle in a motorcycle accident near St. Lo, France, on 15 August 1944.  All pertinent medical records classify the applicant’s injury as accidental and his Certificate of Disability for Discharge shows that the applicant was “accidentally injured when soldier’s motorcycle hit a shell hole and overturned.”  

9.  The Board also noted that the applicant was entitled to one bronze service stars to be worn on his European-African-Middle Eastern Service Medal, the American Campaign Medal and the World War II Victory medal which are not shown on his discharge document.

10.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register, dated 6 July 1961, shows that while the applicant was assigned to the 769th Military Police Battalion it received campaign credit for the Normandy Campaign.
11.  The applicant’s WD AGO 53-55 shows that he served one year, one month, and 18 days of "Continental Service" during World War II.

12.  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 the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

13.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation or the Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register).  The regulation further states that authorized bronze service stars will be worn on the appropriate service medal.

14.  Army Regulation 600-8-22 provides, in pertinent part, for award of the American Campaign Medal.  This campaign medal is awarded for qualifying service in the American Theater between 7 December 1941 and 2 March 1946.  Qualifying service includes permanent assignment outside the continental United States, duty as a crewmember aboard a vessel sailing ocean waters for 30 consecutive or 60 nonconsecutive days, or duty outside the continental United States as a passenger or in a temporary duty status for 30 consecutive or 60 nonconsecutive days, or active combat against the enemy and was awarded a combat decoration or furnished a certificate by a corps commander or higher, or service within the continental United States for an aggregate period of one year.

15.  Army Regulation 600-8-22 provides, in pertinent part, for award of the World War II Victory Medal.  It is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

CONCLUSIONS:

1.  The Board considered the applicant’s contention that his injuries were the result of enemy fire and, as a result, he should be awarded the Purple Heart.  

2.  The Board noted that all medical authorities present at the time of the applicant’s treatment and hospitalization determined that his injuries were the result of an accident and that he was a non-battle casualty.

3.  Additionally, the Board noted that, at the time of the applicant’s separation from the Army, he authenticated his discharge document which shows that he received no wounds in action and that he was not awarded the Purple Heart.

4.  Based on the foregoing, the Board determined that there was insufficient evidence that the applicant’s injuries were the result of hostile action.  Therefore, there is insufficient evidence upon which to base award of the Purple Heart in this case.

5.  Records show that the applicant participated in the Normandy Campaign.  As a result, he is entitled to one bronze service star to be worn on his European-African-Middle Eastern Campaign Medal and correction of item 32 (Battles and Campaigns) to show credit for participation in Normandy Campaign.  

6.  Based on the applicant’s “Continental Service” of more than one year, the applicant is entitled to award of the American Campaign Ribbon and correction of his records to show this service ribbon.

7.  Based on the applicant’s service during World War II, he is entitled to award of the World War II Victory Medal and correction of his records to show this award.

8.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded one bronze service star to be affixed to his European-African-Middle Eastern Service Medal, the American Campaign Ribbon and the World War II Victory Medal.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

__JTM___  __TSK__  __HBO__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Mr. Ted S. Kanamine___
		        CHAIRPERSON

INDEX

CASE ID	AR2002072699	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020711	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY	MR SCHNEIDER	
ISSUES         1.	107.0000.0000	
2.		
3.		
4.		
5.		
6.