PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            30 March 2000
	DOCKET NUMBER:   AR1999031514

	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.  

	Ms. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Ms. Barbara J. Ellis		Chairperson	
	Mr. Hubert O. Fry, Jr.		Member	
	Mr. Ernest W. Lutz, Jr.		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 for injuries he sustained due to an accident caused by enemy action. 

3.  The applicant states that he was informed that at the time of the train accident
that each person injured would receive the Purple Heart.  He also states that the accident occurred on 13 July 1945 on the French Border and that there were several others injuries and deaths.  In support of his application he submits a copy of a letter from the Adjutant General (AG), dated 30 March 1946.

4.  The applicant’s military records show he entered active duty on
23 October 1942 as an armorer (511).  He served in the European-African-Middle Eastern Theater of Operations from 18 February 1945 to on or about 
6 August 1946 and was honorably discharged on 31 March 1946.

5.  His discharge document does not show the Purple Heart as an authorized award. 

6.  Item 34 (Wounds Received in Action) of the applicant’s DD Form 214, which was authenticated in his own hand, shows the entry “None”. There is no record that the applicant was awarded the Purple Heart.  There also is no indication that he was wounded as a result of hostile action.

7.  The applicant’s records contain WD AGO Form No 8-27 (Field Medical Car) which shows that that he received a dislocated fracture due to his involvement in a train accident on 13 July 1945 near Karlsruhe, Germany.

8.  The applicant’s records contain a copy WD AGO Form No. 40 (Certificate of Disability for Discharge), dated 16 March 1946, which shows that the applicant had a dislocated fracture and which incurred in a troop train accident on 13 July 1946 in Germany.  This form also states that his injury incurred during authorized military activity.

9.  The applicant’s records contain a copy of WD AGO Form 0365-1 (Battle Casualty Roster/Telegram), dated 20 July 1945, which was dispatched by the 
Adjutant General (AG) to the applicant’s next of kin indicating that the applicant was seriously ill with a fractured vertebrae.  This form also shows that his injury was non-battle.

10.  The applicant provided a copy of a letter, dated 30 March 1946, from the AG which informed the applicant that personnel of the 20th Armored Division who were injured in the train accident on 13 July 1945 may be entitled to the Purple
upon presentation of properly executed certificates.  It further stated that the applicant may desire to complete an approved form of affidavit and return it to the AG at the earliest possible date and that every effort would be made to secure the award for him and that the form must be sworn to before a notary public. 
11.  A DA Form 1577 (Authorization for Issuance of Awards), dated 26 April 1978, shows the Army Reserve Component Personnel Center in St. Louis, Missouri, determined the applicant was entitled to the Bronze Star Medal based on award of the Combat Infantryman Badge.

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.  This regulation also indicated that accidents, to include explosive, aircraft, vehicular, and other accidental wounding not related to or caused by enemy action do not qualify for award of the Purple Heart.

CONCLUSIONS:

1.  There is no evidence or record available to the Board, and the applicant has provided no evidence, which shows he was injured or wounded due to hostile action during World War II.  However, evidence of record does show that he received a dislocated fracture due to his involvement in a train accident on 13 July 1945 during World War II, as a non-battle injury.  Therefore, he is not entitled to the award of the Purple Heart.

2.  The Board noted the letter contained in the applicant’s personnel records, dated 30 March 1946.  However, the applicant failed to show evidence that he completed an approved form of affidavit which was sworn before a notary public and approved by the AG awarding him the Purple Heart.

3.  The applicant was awarded the Bronze Star Medal based on award of the
Combat Infantryman Badge.  Therefore, he is entitled to correction of his records to show this award.

4.  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 the Bronze Star Medal based on award of the CIB.

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

BOARD VOTE:  

BJE_____  HOF___  EWL_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Barbara J. Ellis_______
		        CHAIRPERSON

INDEX

CASE ID	AR1999031514	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000330	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19460331	
DISCHARGE AUTHORITY	AR 615-361	
DISCHARGE REASON		
BOARD DECISION	DENY/GRANT	
REVIEW AUTHORITY		
ISSUES         1.  61		
2.  60		
3.		
4.		
5.		
6.