BOARD DATE:	  22 February 2011

		DOCKET NUMBER:  AR20100018452 


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 that the records of her father, a deceased former service member (FSM), be corrected to show award of the Purple Heart. 

2.  The applicant states the FSM was wounded in action while serving with the 64th Infantry Regiment in France during World War II.  [The available evidence shows the FSM served during WWI not WWII].

3.  The applicant provides copies of an Honorable Discharge Certificate from the United States Army, an Enlistment Record, two death certificates for the FSM, and the applicant's birth certificate.

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 personnel records were not available and may have been lost or destroyed in a fire at the National Personnel Records Center in 1973.  The only evidence that is available is the evidence that was submitted by the applicant.  

3.  The FSM's discharge certificate shows he served on active duty from 29 May 1918 through 30 June 1919.  His character is shown as excellent and he is shown to have served in France.  "Wounds received in service" contains the entry "One."  

4.  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 Number 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 wounds as a result of hostile action.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant states the FSM was wounded in action while serving with the 64th Infantry Regiment in France during WWI.  

2.  In the absence of evidence to the contrary, the statement on the FSM's discharge document that indicates he was wounded in action during WWI is sufficient to show entitlement to award of the Purple Heart.  Therefore, there is sufficient evidence to grant the applicant's request.

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:

	a. posthumously awarding the FSM the Purple Heart for wounds received during WWI; and  

   b.  providing the applicant the appropriate document to show the FSM's record was corrected to show award of the Purple Heart.



      _______ _   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)                                         AR20100018452



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ABCMR Record of Proceedings (cont)                                         AR20100018452



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