IN THE CASE OF: BOARD DATE: 21 MAY 2009 DOCKET NUMBER: AR20090008092 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, the son of a deceased former service member (FSM), requests correction of his late father's official military personnel record to show award of the Purple Heart. 2. The applicant states, in effect, that the FSM was entitled to award of the Purple Heart for injuries received in World War I (WWI). 3. The applicant provides a copy of the FSM’s discharge record 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 FSM's military records are not available for review. A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973. It is believed that the FSM’s records were lost or destroyed in that fire. However, there were sufficient documents remaining in the available record to conduct a fair and impartial review of this case. 3. The FSM enlisted in the United States Army on 2 October 1917. 4. The applicant's discharge record shows that he was assigned to the American Expeditionary Force France from 14 March 1918 through 14 November 1918 and while assigned participated in the Battle of Chateau-Thierry from 20 July 1918 to 4 August 1918. 5. On 31 January 1919, the FSM was honorably discharged from active duty because of a disability after completing a total of 1 year, 3 months, and 29 days of active military service. 6. The FSM’s discharge record shows that he received a gunshot wound to his left hand. 7. The FSM's available record contains a War Department Form Number 370 which shows that he suffered gunshot wounds to the index, middle, ring, and little fingers in action during the Battle of Chateau-Thierry, France, in August 1918. 8. Army Regulation 600-8-22 (Military Awards) 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 by medical personnel, and the medical treatment must have been made a matter of official record. 9. The Purple Heart was established by General George Washington at Newburgh, NY, on 7 August 1782 during the Revolutionary War. It was reestablished by the President of the United States per War Department General Orders 3 in 1932. It was awarded in the name of the President of the United States to any member of the Armed Forces or any civilian national of the United States who, while serving under competent authority in any capacity with one of the U.S. Armed Services after 5 April 1917, died or sustained a wound as a result of hostile action. DISCUSSION AND CONCLUSIONS: 1. The applicant's contention that his late father is entitled to award of the Purple Heart for injuries he sustained while he was in the European theater of operations during WWI was carefully considered and found to have merit. 2. There is evidence in the available record which shows that he received shotgun wounds to his left hand during the Battle of Chateau-Thierry in August 1918. Therefore, his records should be corrected to show award of the Purple Heart. BOARD VOTE: ___X_____ __X______ __X______ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the Purple Heart for wounds received in action in August 1918. _________XXX________________ 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) AR20090001730 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090008092 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1