RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 5 October 2006
DOCKET NUMBER: AR20060003884
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 |
| |Ms. Wanda L. Waller | |Analyst |
The following members, a quorum, were present:
| |Mr. James Gunlicks | |Chairperson |
| |Mr. Michael Flynn | |Member |
| |Mr. Scott Faught | |Member |
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion,
if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant, as the son of a deceased former service member (FSM) of
World War I, requests, in effect, that his late father be awarded the
Purple Heart and any other awards and decorations to which he may be
entitled.
2. The applicant states that the FSM earned the Purple Heart.
3. The applicant provides an Honorable Discharge Certificate from the U.S.
Army; an Enlisted Record; an Honorable Discharge Certificate from the
National Guard of the United States; two disability examinations, dated 19
October 1920 and 6 June 1921; his birth certificate; and the FSM’s death
certificate.
CONSIDERATION OF EVIDENCE:
1. The FSM’s military records are not available to the Board 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 a reconstructed record for the Board to
conduct a fair and impartial review of this case.
2. The FSM enlisted in the U.S. Army on 27 March 1917. He was assigned to
Company I of the 28th Infantry Regiment during World War I. On 28 June
1919, the FSM was honorably discharged.
3. The FSM’s Enlistment Record shows the entry, “None” for Wounds Received
in Service.
4. In support of his claim, the applicant provided a disability
examination, dated 19 October 1920, which states the FSM stepped in a shell
hole in France on
3 April 1918 and fractured the upper end of his right tibia and dislocated
his right knee cap. The applicant also provided a disability examination,
dated 20 June 1921, which states the FSM fell in a shell hole in France on
3 April 1918 and fractured his right knee.
5. The FSM died on 14 March 1948.
6. Army Regulation 600-8-22 (Military Awards) states, in pertinent part,
that the Purple Heart is awarded in the name of the President of the United
States to any member of an Armed Force 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 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.
7. Army Regulation 600-8-22 provides, in pertinent part, for award of the
World War I Victory Medal. It is awarded for service between 6 April 1917
and
11 November 1918.
DISCUSSION AND CONCLUSIONS:
1. The medical evidence of record provided by the applicant states the FSM
“fell” and “stepped” in a shell hole on 3 April 1918 in France. Although
the shell hole might have been the result of an enemy artillery or mortar
round, there is no evidence of record which shows the FSM was wounded in
action against an enemy of the United States. Regrettably, there is
insufficient evidence on which to base an award of the Purple Heart in this
case.
2. The FSM served a period of qualifying service for award of the World
War I Victory Medal.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
JG_____ __MF____ __SF____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief and to excuse failure to timely
file. As a result, the Board recommends that all Department of the Army
records of the individual concerned be corrected by showing he was awarded
the World War I Victory Medal.
2. The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief. As a result,
the Board recommends denial of so much of the application that pertains to
award of the Purple Heart.
_____James Gunlicks___
CHAIRPERSON
INDEX
|CASE ID |AR20060003884 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20061005 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY | |
|ISSUES 1. |107.0015 |
|2. |107.0000 |
|3. | |
|4. | |
|5. | |
|6. | |
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