/ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  15 April 2019

	DOCKET NUMBER:  AR20190000936


APPLICANT REQUESTS:  on behalf of his grandfather, a deceased former service 
member (FSM), award of the Purple Heart.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	668th Ordnance Ammunition Company Unit History
*	Report of Burial
*	War Department Report of Death 
*	Letter, State of Connecticut Veterans Home and Hospital Commission, dated 
13 July 1954
*	Letter, U.S. Army Human Resources Command, 3 August 2017

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United 
States Code (USC), section 1552 (b); however, the Army Board for Correction of 
Military Records conducted a substantive review of this case and determined it is in the 
interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant states his grandfather was killed handling enemy ammunition in the 
course of his regular duties as an explosives expert.  The unit and servicemen handling 
the enemy ammunition were trained, skilled, and proficient.  The sudden explosion 
could have been caused by any of the following:

*	German resistance/sympathizers
*	sniper activity
*	timed explosion (timers)
*	deliberate intent by prisoners of war working alongside the unit
*	accidental mishap by prisoners of war working with the unit

3.  A review of the FSM's records shows he entered active service on 
27 November 1942.

4.  The applicant provides a 668th Ordnance Ammunition Company Unit History that 
states on 4 June 1945 at 1300 hours, a tragic accident occurred.  One truck loaded with 
primers was being unloaded.  While this was in the process there was a sudden 
tremendous explosion which resulted in the death of six enlisted men, five from the unit 
and one from the 430th Quartermaster Truck Company.  Because of the nervous 
tension of the men, the work was discontinued for the remainder of the day.

5.  A review of the FSM's Report of Burial shows he was assigned to the 668th 
Ordnance Company and was killed on 4 June 1945 as a result of an ammunition 
explosion.

6.  The applicant provided a War Department Report of Death that states the cause of 
the FSM's death was an explosion.

7.  The applicant provided the State of Connecticut Veterans Home and Hospital 
Commission letter that states the FSM was killed in. 

8.  The applicant provided a letter from the Human Resources Command Awards and 
Decorations Branch that states they were unable to authorize the FSM's entitlement to 
the Purple Heart based on the official report of death and burial obtained from the 
Individual Deceased Personnel File.  The letter further states the deceased died as a 
result of a non-battle ammunition explosion on 4 June 1945 in.

9.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded to 
any member who, while serving under competent authority in any capacity with one of 
the Armed Services, has been wounded or killed or who has died or may hereafter die 
after being wounded in any action against an enemy of the United States and as a 
result of an act of any such enemy of opposing armed forces.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found the relief 
was not warranted.  The applicant’s contentions were carefully considered.  The FSM’s 
casualty information shows he was accidently killed during an explosion during World 
War II.  Regulatory guidance does not entitle members to the award of the Purple Heart 
for injuries received during incidents ruled an accident.  The Board acknowledges the 
FSM’s tremendous contributions that ultimately cost him his life during the war.  Based 
upon the preponderance of evidence, the Board agreed there was no error or injustice 
in this case.




BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	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 the overall merits of this case are insufficient 
as a basis for correction of the records of the individual concerned.


	  
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.


ADMINISTRATIVE NOTE(S):  Not applicable.

REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military 
records must be filed within three 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 three-year statute of 
limitations if the ABCMR determines it would be in the interest of justice to do so.

2.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded to 
any member who, while serving under competent authority in any capacity with one of 
the Armed Services, has been wounded or killed or who has died or may hereafter die 
after being wounded:
	(1)  In any action against an enemy of the United States;
	(2)  In any action with an opposing armed force of a foreign country in which the 
Armed Forces of the United States are or have been engaged;
	(3)  While serving with friendly foreign forces engaged in an armed conflict against 
an opposing armed force in which the United States is not a belligerent party;
	(4)  As a result of an act of any such enemy of opposing armed forces;
	(5)  As a result of an act of any hostile foreign force;
	(6)  After 23 March 1973, as a result of an international terrorist attack against the 
United States or a foreign nation friendly to the United States, recognized as such an 
attack by the Secretary of the Army, or jointly by the Secretaries of the separate armed 
services concerned if persons from more than one service are wounded in the attack;
	(7)  After 28 March 1973, as a result of military operations while serving outside the 
territory of the United States as part of a peacekeeping force; or
	(8)  Members killed or wounded by friendly fire.
Substantiating evidence must be provided to verify that the wound was the result of 
hostile action, the wound must have required treatment by a medical officer, and the 
medical treatment must have been made a matter of official record.
//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20190000936
	
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